reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 59 - Abandoned Mine Lands › Title 59 - LEGISLATIVE RULES DIVISION OF ENVIRONMENTAL PROTECTION OFFICE OF ABANDONED MINE LANDS › Series 59-01 - Abandoned Mine Lands Reclamation Rule › Section 59-1-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. The "Abandoned Mine Reclamation Fund",
				is a trust fund established under Title 4 of the federal Surface Mining Control
				and Reclamation Act (PL-95-87) for the purpose of accumulating revenue
				designated for reclamation of abandoned mine lands and other activities
				authorized by the Act.
2.2.
				"Allocate" means the administrative identification in the records of the Office
				of Surface Mining Reclamation and Enforcement of moneys in the fund for a
				specific purpose; e.g., identification of moneys for exclusive use by the State
				of West Virginia.
2.3. "Emergency"
				means a sudden danger or impairment that presents a high probability of
				substantial physical harm to the health, safety, or general welfare of people
				before the danger can be abated under normal program operation
				procedures.
2.4. "Expended" means
				that moneys have been paid out by the State of West Virginia for work that has
				been accomplished or services rendered.
2.5. "Extreme danger" means a condition that
				could reasonably be expected to cause substantial physical harm to persons,
				property, or the environment and to which persons or improvements on real
				property are currently exposed.
2.6. "Left or abandoned in either an
				unreclaimed or inadequately reclaimed condition" means lands and water:
2.6.a. Where all mining processes ceased and
				no current permit for continuing operations existed as of August 3, 1977, or,
				if a permit did exist on that date, but all mining processes had ceased, it has
				since lapsed and has not been renewed or superseded by a new permit as of the
				date of the request for reclamation assistance, and
2.6.b. Which continue, in their present
				condition, to substantially degrade the quality of the environment, prevent or
				damage the beneficial use of land or water resources, or endanger the health or
				safety of the public.
West Virginia Code of State Rules › Agency 59 - Abandoned Mine Lands › Title 59 - LEGISLATIVE RULES DIVISION OF ENVIRONMENTAL PROTECTION OFFICE OF ABANDONED MINE LANDS › Series 59-01 - Abandoned Mine Lands Reclamation Rule › Section 59-1-3 - Abandoned Mine Reclamation Funds

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Objectives.
				The objectives of this section are to provide an overview of the Abandoned Mine
				Land Reclamation Program responsibilities and to provide detailed procedures
				for administration of the Abandoned Mine Reclamation Fund.
3.2. Responsibilities. The West Virginia
				Division of Environmental Protection is responsible for administration of the
				Abandoned Mine Reclamation Fund and Abandoned Mine Land Reclamation Program for
				the State of West Virginia.
3.2.a. West
				Virginia Division of Environmental Protection is responsible for:
3.2.a.1. Conducting reclamation activities
				where work is performed by the Division using the funds available from the
				Office of Surface Mining Reclamation and Enforcement;
3.2.a.2. Preparing and submitting a state
				reclamation plan to the Office of Surface Mining Reclamation and Enforcement
				for the Abandoned Mine Land Reclamation Program;
3.2.a.3. Submitting annual applications for
				grants, including descriptions of proposed projects;
3.2.a.4. Submitting requests to the Office of
				Surface Mining Reclamation and Enforcement for work to be done on non-coal
				mined lands;
3.2.a.5. Submitting
				requests to the Office of Surface Mining and Enforcement for construction of
				specific facilities in communities impacted by coal development;
3.2.a.6. Conducting reclamation work in
				accordance with grant agreements;
3.2.a.7. Consulting with state and federal
				agencies as necessary and developing cooperative agreement; with the
				appropriate surface management agency when state or federal lands are
				considered for inclusion in a state reclamation program; and
3.2.a.8. Submitting reports annually to the
				Office of Surface Mining Reclamation and Enforcement describing progress on
				previously funded projects.
West Virginia Code of State Rules › Agency 59 - Abandoned Mine Lands › Title 59 - LEGISLATIVE RULES DIVISION OF ENVIRONMENTAL PROTECTION OFFICE OF ABANDONED MINE LANDS › Series 59-01 - Abandoned Mine Lands Reclamation Rule › Section 59-1-4 - General Reclamation Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				Objectives
.
The objectives of this section are to establish
				conditions for the use of the Abandoned Mine Reclamation Fund that are common
				to approved state reclamation programs and the reclamation activities conducted
				or funded directly by OSMRE
.
4.2. Applicability. The provisions of this
				section apply to all reclamation projects to be carried out with money from the
				Fund.
4.3. Eligible Lands and
				Water.
4.3.a. Lands and water are eligible for
				reclamation activities if:
4.3.a.1. They were
				mined or affected by mining processes;
4.3.a.2. They were mined prior to August 3,
				1977, and left or abandoned in either an unreclaimed or inadequately reclaimed
				condition; and
4.3.a.3. There is no
				continuing responsibility for reclamation by the operator, permittee, or agent
				of the permittee under statutes of the state or federal government, or the
				state as a result of bond forfeiture. Bond forfeiture will render lands or
				water ineligible only if the amount forfeited is sufficient to pay the total
				cost of the necessary reclamation. In cases where the forfeited bond is
				insufficient to pay the total cost of reclamation, additional moneys from the
				Fund may be sought.
West Virginia Code of State Rules › Agency 59 - Abandoned Mine Lands › Title 59 - LEGISLATIVE RULES DIVISION OF ENVIRONMENTAL PROTECTION OFFICE OF ABANDONED MINE LANDS › Series 59-01 - Abandoned Mine Lands Reclamation Rule › Section 59-1-5 - Rights Of Entry

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Consent to
				Entry. The WVDEP shall take all reasonable actions to obtain written consent
				from the owner of record of the land or property to be entered in advance of
				such entry. The consent shall be in the form of a signed statement by the owner
				of record or his authorized agent which, as a minimum, includes a legal
				description of the land to be entered, the projected nature of the work to be
				performed on the land and any special conditions for entry. The statement shall
				not include any commitment by the WVDEP to perform reclamation work not to
				compensate the owner for entry.
5.2. Entry for studies or exploration.
5.2.a. The WVDEP or its agents, employees, or
				contractors, shall have the right to enter upon any property for the purpose of
				conducting studies or exploratory work to determine the existence of adverse
				effects of past coal mining practices and the feasibility of restoration,
				reclamation, abatement, control, or prevention of such adverse
				effects.
5.2.b. If the owner of the
				land to be entered under this section will not provide content to entry, the
				WVDEP shall give notice in writing to the owner of its intent to enter for
				purposes of study and exploration to determine the existence of adverse effects
				of past coat mining practices which may be harmful to the public health,
				safety, or general welfare. The notice shall be by mail, return receipt
				requested, to the owner, if known, and shall include a statement of the reasons
				why entry is believed necessary. If the owner is not known, or the current
				mailing address of the owner is not known, or the owner is not readily
				available, the notice shall be posted in one (1) or more places on the property
				to be entered where it is readily visible to the public and advertised once in
				a newspaper of general circulation in the locality in which the land is
				located. Notice shall be given at least thirty (30) days before
				entry.
West Virginia Code of State Rules › Agency 59 - Abandoned Mine Lands › Title 59 - LEGISLATIVE RULES DIVISION OF ENVIRONMENTAL PROTECTION OFFICE OF ABANDONED MINE LANDS › Series 59-01 - Abandoned Mine Lands Reclamation Rule › Section 59-1-6 - Acquisition, Management And Disposition Lands And Water

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Land Eligible for Acquisition.
6.1.a. Land adversely affected by past coal
				mining practices may be acquired with monies from the Abandoned Mine
				Reclamation Fund if approved in advance by OSMRE. Prior to approval of the
				acquisition of such land, the OSMRE shall find in writing that acquisition is
				necessary for successful reclamation, and that:
6.1.a.1. The acquired land will serve
				recreation, historic, conservation and reclamation purposes or provide open
				space benefits after restoration, reclamation, abatement, control, or
				prevention of the adverse effects of past coal mining practices; and
6.1.a.2. Permanent facilities such as a mine
				drainage treatment plant or a relocated stream channel will be constructed on
				the land for the restoration, reclamation, abasement, control, or prevention of
				the adverse effects of past coal mining practices.
West Virginia Code of State Rules › Agency 59 - Abandoned Mine Lands › Title 59 - LEGISLATIVE RULES DIVISION OF ENVIRONMENTAL PROTECTION OFFICE OF ABANDONED MINE LANDS › Series 59-01 - Abandoned Mine Lands Reclamation Rule › Section 59-1-7 - Reclamation On Private Land

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Operations
				on Private Land. Reclamation activities may be carried out on private land if a
				consent to enter is obtained or if entry is required and made under subsection
				5.3 of this rule.
7.1.a. All monies received
				from disposal of land under this part shall be deposited in the appropriate
				abandoned mine reclamation fund.
West Virginia Code of State Rules › Agency 59 - Abandoned Mine Lands › Title 59 - LEGISLATIVE RULES DIVISION OF ENVIRONMENTAL PROTECTION OFFICE OF ABANDONED MINE LANDS › Series 59-01 - Abandoned Mine Lands Reclamation Rule › Section 59-1-8 - State Reclamation Grants

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Objectives.
				The objectives of this section are to assure that adequate information is
				provided by WVDEP to support its application for a grant and that funds granted
				to WVDEP are handled in accordance with applicable federal laws and
				regulations.
8.2. Authority. WVDEP
				may make application for grants under this section if the total amount of the
				grants does not exceed the moneys appropriated by the Congress and specifically
				allocated to West Virginia under  Public Law 95-87. OSMRE is responsible for
				assuring that any required approvals are obtained before the grant is
				made.
8.3. Eligibility for Grants.
				WVDEP is eligible for grants under this section if it has a state reclamation
				plan approved by OSMRE.
8.4.
				Coverage and Amount of Grant.
8.4.a. WVDEP may
				use monies granted under this section to administer the approved state
				reclamation program and to carry out the specific reclamation activities
				included in the plan and described in the annual grant agreement. The moneys
				may be used to cover direct costs to the agency for services and materials
				obtained from other state agencies or local governments if approved by
				OSMRE.
8.4.b. Grants shall be
				approved for one hundred percent (100%) of the total agreed upon costs for
				reclamation of eligible land and water, construction of public facilities,
				program administration as specified in 8.3 of this section and the incremental
				cost of filling voids and seating tunnels with waste from mine waste piles
				reworked for conservation purposes.
8.4.c. Grants shall be approved for up to
				ninety percent (90%) of the total agreed upon costs for acquisition of land or
				interest in land and any mineral or water rights associated with the land.
				Grants for proposed reclamation projects on these lands shall be approved in
				accordance with subdivision 8.4.b of this subsection.
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 60-01 - Office Of Environmental Advocate › Section 60-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope -- This
				legislative rule governs and controls the appointment and qualifications of the
				position of Environmental Advocate within the Division of Environmental
				Protection.
1.2. Authority -- W.
				Va. Code ''22-1-3, 22-1-3a, 22-20.
1.3. Filing Date -- May 22, 1997.
1.4. Effective Date -- July 1,
				1997.
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 60-01 - Office Of Environmental Advocate › Section 60-1-2 - Appointment, Salary, and Qualifications

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Appointment - The position of
				Environmental Advocate will be a full-time position, will be appointed by the
				Director, and will serve at the will and pleasure of the Director of the
				Division of Environmental Protection in accordance with W. Va. Code
				'22-20-1.
2.2. Salary - The salary of the position of
				Environmental Advocate will be set by the Director and is subject to future
				adjustments at the discretion of the Director.
2.3. Qualifications - The Director will
				receive or solicit applications for the position of Environmental Advocate from
				persons having the following minimum qualifications:
2.3.a. A citizen and resident of the State of
				West Virginia.
2.3.b. A graduate
				from an accredited college or university with a four-year degree in a field of
				study directly related to the qualifications, powers, and duties of the
				position as set forth by the Director.
2.3.c. A minimum of two years full-time or
				cumulative experience in work directly related to environmental protection, or
				other public service work or experience which demonstrates the ability to carry
				out the powers and duties of the position as set forth by the
				Director.
2.3.d. A working
				familiarity with some of the legal requirements and programmatic functions of
				the Division of Environmental Protection.
2.3.e. A demonstrated ability to skillfully,
				verbally and by writing, communicate in a public forum.
2.3.f. A demonstrated ability to use word
				processing software for a computer and other necessary computer skills as
				determined by the Director.
2.3.g.
				A valid West Virginia driver's license.
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 60-01 - Office Of Environmental Advocate › Section 60-1-3 - 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:
3.1.
				The Environmental Advocate will be guided in all actions by the policy
				statement and the nine purposes set forth in W. Va. Code '22-1-1(b).
3.2. 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 supervision of the Division of Environmental Protection's General
				Counsel.
3.3. 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.
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 60-02 - Freedom Of Information Act Requests › Section 60-2-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule sets forth the procedures for filing requests with the Department of
				Environmental Protection for the inspection and copying of Department records
				under W. Va. Code §
									29B-1-1 et
				seq. (commonly known as the Freedom of Information Act or Act).
The Department of Environmental Protection's policy is to
				  provide public access to Department records, when access is allowed by law, and
				  to minimize costs and time delays to those requesting such information.
1.2. Authority. -- W. Va. Code
				§§
									29A-3-3,
				29B-1-3(5),
				22-1-1
				et seq., and 22-5-10.
1.3. Filing
				Date. -- July 30, 2010.
1.4.
				Effective Date. -- September 1, 2010.
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 60-02 - Freedom Of Information Act Requests › Section 60-2-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Act" means
				the Freedom of Information Act, W. Va. Code §
									29B-1-1 et
				seq.
2.2. "Department" means the
				West Virginia Department of Environmental Protection.
2.3. "Public Record" includes any writing
				containing information relating to the conduct of the public's business,
				prepared, owned and retained by a public body.
2.4. "Writing" includes any books, papers,
				maps, photographs, cards, tapes, recordings or other documentary materials
				regardless of physical form or characteristics.
2.5. "Request" means a written request made
				in accordance with these rules of procedure to inspect or obtain a copy of one
				or more Department records.
2.6.
				"Requester" includes any person, corporation, partnership, firm or
				association.
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 60-02 - Freedom Of Information Act Requests › Section 60-2-3 - Policy on Disclosure

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. All
				Department records shall be available to the public unless they are made exempt
				by the disclosure requirements of the Act.
3.2. All nonexempt records shall be available
				to the public upon request regardless of whether any justification or need has
				been shown by the requester and regardless of whether the request cites 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 60-02 - Freedom Of Information Act Requests › Section 60-2-4 - Form of Requests

Current through Register Vol. XLI, No. 28, July 12, 2024
A request shall be made in writing and shall reasonably
				  describe the record(s) sought so as to make their identification and location
				  possible. A written request sent by facsimile or electronic mail is acceptable.
				  Requests for information should be sent to Department of Environmental
				  Protection's Public Information Office.
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 60-02 - Freedom Of Information Act Requests › Section 60-2-5 - Requests That Do Not Reasonably Describe Records Sought

Current through Register Vol. XLI, No. 28, July 12, 2024
If the description of a record sought is not sufficient to
				  allow the Department to identify and locate the requested information, the
				  requester will be notified within five (5) working days that the request is
				  insufficient for the Department to locate and provide the information. Upon
				  request, the Department will assist the requester in identifying the records
				  sought. Until such additional information is provided, the Department has no
				  further obligation to fulfill the request.
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 60-02 - Freedom Of Information Act Requests › Section 60-2-6 - Misdirected Requests

Current through Register Vol. XLI, No. 28, July 12, 2024
The Department cannot assure that a response to requests
				  received in a manner inconsistent with this rule will be handled in a timely
				  manner.
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 60-02 - Freedom Of Information Act Requests › Section 60-2-7 - Responsibilities of the Department

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The Department shall, upon receipt of a
				written request, mark the request with the date of receipt and begin to
				identify and locate the requested information or ask for a more specific
				request.
7.2. The Department shall
				respond in writing to the requester within five (5) working days of receipt of
				the request. The response shall:
7.2.a.
				Furnish copies of the requested material;
7.2.b. Advise the requester of the date,
				time, and place where the information may be inspected and copied; or
7.2.c. Deny the request or inform the
				requester that the information does not exist.
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 60-02 - Freedom Of Information Act Requests › Section 60-2-8 - Denial of Requests

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Denial
				of requests may be issued only in the following circumstances:
8.1.a. The information is not known to
				exist;
8.1.b. The information is
				not in the Department's possession;
8.1.c. The requested information is exempt
				from disclosure under the Act or another statute.
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 60-02 - Freedom Of Information Act Requests › Section 60-2-10 - Partial Disclosure

Current through Register Vol. XLI, No. 28, July 12, 2024
If a requested record contains both exempt and nonexempt
				  material, the nonexempt material shall be disclosed after the exempt material
				  has been deleted or redacted.
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 60-02 - Freedom Of Information Act Requests › Section 60-2-11 - Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Fees will be
				charged to the requester for searching for and reproducing requested records,
				in accordance with the following:
11.1.a. A
				search fee of twenty dollars ($20.00) per hour will be charged, or a
				quarter-fraction thereof, for the Department's time spent in locating,
				duplicating and compiling the requested records.
11.1.b. Copying of the first 20 pages shall
				be free. For each page thereafter, a copying cost of twenty-five cents ($0.25)
				per page shall be charged to the requester.
11.1.c. The charge for copying materials that
				must be reproduced outside the Department's facilities shall be the actual cost
				to reproduce the record;
11.1.d.
				Mailing or delivery charges may be charged, at the actual cost, in connection
				with sending the requested information to a requester;
11.1.e. If the information requested exists
				as a computer record in the form of a printout, diskette, or tape, and the
				request is for the information to be produced in electronic form (such as an
				Excel spreadsheet), the fee will be the actual cost of the computer system time
				added to any applicable search, in-house programming, reproduction, or contract
				programming costs;
11.1.f.
				Diskette, tape or other storage media will be provided at a cost of ten dollars
				($10.00) each);
11.1.g. An invoice
				for the total amount of fees will be sent to the requester. Payment shall be
				made by check or money order payable to the West Virginia Department of
				Environmental Protection;
11.1.h.
				Total or partial pre-payments may be required if the Department determines that
				the cost to reproduce the information will exceed twenty-five dollars
				($25.00);
11.1.i. Total or partial
				pre-payments may be required if the Department determines that unpaid fees on
				one (1) or more requests by the same requester exceeds twenty-five dollars
				($25.00); and
11.1.j. Any requester
				who claims that he or she cannot afford to pay the fees established by this
				rule may file an affidavit with the Department stating the reason the requester
				cannot afford to pay. If the Department agrees, the Department shall process
				the request in accordance with this rule and as if the fees have been
				paid.
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 60-03 - Voluntary Remediation and Redevelopment Rule › Section 60-3-1 - 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 voluntary remediation activities and brownfield
				revitalization.
1.2. Authority. --
				W. Va. Code §§
									22-22-3
				and
				22-22-4(c).
1.3. Filing Date. -- April 9, 2021
1.4. Effective Date. -- June 1, 2021
West Virginia Code of State Rules › Agency 60 - Environmental Protection - Secretary's Office › Title 60 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER AND WASTE MANAGEMENT › Series 60-03 - Voluntary Remediation and Redevelopment Rule › Section 60-3-3 - Eligibility

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Eligibility
				Criteria for Voluntary Remediation Program. - Any site is eligible to
				participate in the Voluntary Remediation Program, except the following:
3.1.a. Any site that is subject to a
				unilateral order issued by the U.S. Environmental Protection Agency (EPA)
				pursuant to §§ 104 through 106 of the Comprehensive Environmental
				Response, Compensation, and Liability Act (CERCLA),
				42 U.S.C. §§
											9604-
				9606;
3.1.b. Any site that has been listed or is
				proposed to be listed on the National Priorities List developed by EPA pursuant
				to Title I of CERCLA, unless EPA has formally delisted it;
3.1.c. Any site that is subject to a
				unilateral enforcement order under § 3008 or § 7003 of the Resource
				Conservation and Recovery Act (RCRA),
				42 U.S.C. §
											6928 or §
										6973;
3.1.d. Any site that is subject to a
				unilateral enforcement order for corrective action issued pursuant to any
				provision of Chapter 22 of the West Virginia Code; or
3.1.e. Any site where the release that is
				subject to remediation was created through gross negligence or willful
				misconduct by the applicant.
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 60-03 - Voluntary Remediation and Redevelopment Rule › Section 60-3-7 - Public Involvement/Public Notification

Current through Register Vol. XLI, No. 28, July 12, 2024
The public notification and public involvement requirements
				  of this section apply to all Voluntary Remediation Program applicants.
				  Additional public notification and public involvement requirements for
				  applicants receiving Brownfields Revolving Fund moneys are detailed in
				  subsection 15.7 below.
7.1. Public
				Notice of Applications for Voluntary Remediation Projects. - Upon receipt of an
				application to conduct a voluntary remediation under the Act, the Department
				shall publish a summary of the application by both a press release distributed
				through the Department's Public Notice Mailing List and to media outlets
				serving the general area where the remediation is proposed, as well as a legal
				advertisement in a newspaper of general circulation in the area where the site
				is located. Information contained in the summary shall include:
7.1.a. The name and business address of the
				applicant, including a street address or route number;
7.1.b. Geographic location of site and, if
				one exists, the locally used name of the area;
7.1.c. Current and former uses of the site;
7.1.d. Present and suspected
				contaminants on site;
7.1.e.
				Proposed methods to remediate the site;
7.1.f. Proposed methods to control possible
				health exposure;
7.1.g. Location
				and address where interested persons may review application;
7.1.h. Name, address, and telephone number of
				applicant contact for questions from interested individuals; and
7.1.i. Name, address, and telephone number of
				Department contact where comments and questions can be received.
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 60-03 - Voluntary Remediation and Redevelopment Rule › Section 60-3-10 - Work Plan

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Submittal
				of Work Plans. - The applicant or the applicant's licensed remediation
				specialist or contractor shall submit to the Secretary electronic copies of the
				appropriate work plans and reports as required by the parties' Voluntary
				Remediation Agreement.
10.2. Action
				on Work Plans.
10.2.a. The Secretary may,
				based upon accuracy, quality, and completeness, either approve or disapprove a
				work plan or report submitted by the applicant or the applicant's licensed
				remediation specialist or contractor.
10.2.b. The Secretary shall notify the
				applicant in writing within five days of his or her disapproval of the proposed
				work plan. The written notice shall contain the specific reasons that the
				Secretary disapproved the work plan or report and a description of the
				additional information the Secretary needs in order to approve the work plan or
				report.
10.2.c. If the Secretary
				disapproves a work plan or report as submitted, the applicant must resubmit the
				work plan or report or terminate the agreement pursuant to W. Va. Code §
										22-22-9.
West Virginia Code of State Rules › Agency 60 - Environmental Protection - Secretary's Office › Title 60 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER AND WASTE MANAGEMENT › Series 60-03 - Voluntary Remediation and Redevelopment Rule › Section 60-3-12 - Certificate of Completion

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1.
				Completion of Remediation.
12.1.a. A
				voluntary remediation is complete when the site meets applicable standards and
				all work has been completed as contemplated in the Voluntary Remediation
				Agreement.
12.1.b. When a site
				meets applicable standards and the applicant has completed all work required by
				the Voluntary Remediation Agreement to meet applicable standards, the licensed
				remediation specialist shall issue a final report to the applicant. The report
				shall explain how the applicant has demonstrated compliance with the
				requirements of the Voluntary Remediation Agreement.
12.1.c. The applicant to whom the licensed
				remediation specialist has issued a final report may do either of the
				following:
12.1.c.1. Request a Certificate of
				Completion from the Secretary, as provided in subsection 12.2 of this rule;
				or
12.1.c.2. Request a Certificate
				of Completion from the licensed remediation specialist, when applicable, as
				provided in subsection 12.4 of this rule.
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 60-03 - Voluntary Remediation and Redevelopment Rule › Section 60-3-13 - Land Use Covenants

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. Any
				limitation on the use of a property that is required in order to meet
				applicable environmental standards shall be contained in a land use covenant.
				The use restrictions may include prohibiting residential use of some or all of
				the site or requiring maintenance of engineering or institutional controls.
13.2. Contents of a land use
				covenant
13.2.a. A land use covenant shall:
13.2.a.1. State that the instrument is an
				environmental covenant executed pursuant to the Uniform Environmental Covenants
				Act, W. Va. Code §
											22-22B-1,
				et seq.;
13.2.a.2. Contain a
				legally sufficient description of the real property subject to the
				covenant;
13.2.a.3. Describe the
				activity and use limitations on the real property;
13.2.a.4. Identify every owner of record of a
				fee interest in the property;
13.2.a.5. Identify every holder of the land
				use covenant within the meaning of W. Va. Code §
											22-22B-2(6);
13.2.a.6. Contain the notarized signature(s)
				of the agency, every holder, and, unless waived by the agency, every owner of
				the fee simple of the real property subject to the covenant;
13.2.a.7. Identify the name and location of
				any administrative record for the work performed under the Act and this rule at
				the real property subject to the covenant;
13.2.a.8. State whether the applicant used
				residential or non-residential exposure assumptions to comply with a
				site-specific remediation standard;
13.2.a.9. Provide requirements for notice
				within 10 days following transfer of a specified interest in, changes in use
				of, or applications for building permits or proposals for any site work
				affecting the contamination on the property subject to the covenant;
13.2.a.10. Contain a provision that the
				applicant and its assigns and successors are relieved of all civil liability to
				the State for the release of contaminants and remediation activities, as long
				as the property meets applicable standards in effect at the time the covenant
				was issued; and
13.2.a.11. Contain
				a map indicating the area or areas to which specific activity and use
				limitations apply.
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 60-03 - Voluntary Remediation and Redevelopment Rule › Section 60-3-14 - Procedure where Certificate of Completion or Land Use Covenant is Violated

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. If at any
				time the Secretary determines that an obligation imposed by the Certificate of
				Completion or by any land use covenant issued pursuant to the Act is not being
				satisfied with the result that the site no longer meets the approved
				remediation standard or continued compliance with the remediation standard is
				threatened, the Secretary shall issue notice of the determination by providing
				written notice through certified/registered mail to the current owner or
				operator of the site. The notice shall identify the obligations that are not
				being satisfied and the appropriate corrective action that must be taken.
14.2. The covenant set forth in
				the Certificate of Completion and the provisions regarding relief from
				liability in any land use covenant shall no longer apply to the current owner
				or operator of the site and their successors and assigns upon the expiration of
				60 days from the date of issuance of notice as provided in subsection 14.1 of
				this rule, unless prior to that time the current owner or operator takes action
				to ensure that all obligations imposed by the Certificate are satisfied.
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 60-03 - Voluntary Remediation and Redevelopment Rule › Section 60-3-15 - Brownfields Revolving Fund

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1.
				The Secretary may disburse money from the Brownfields Revolving Fund to an
				eligible applicant for site assessment or remediation of a brownfield, or for
				other eligible activities to the extent monies are available in the Brownfields
				Revolving Fund.
15.2. Eligible
				Applicants. - A person may apply for a loan from the Brownfields Revolving Fund
				if the applicant meets all of the following conditions:
15.2.a. The site meets the eligibility
				requirements for the Voluntary Remediation Program outlined in subsection 3.1
				of this rule;
15.2.b. The applicant
				is able to certify that neither the applicant him- or her-self nor any member
				of his or her immediate family caused or contributed to the contamination on
				the site;
15.2.c. The applicant
				shall provide documentation demonstrating that the applicant:
15.2.c.1. Has a legal right to remediate the
				subject property through ownership or a legal access agreement;
15.2.c.2. Is authorized to incur debt and
				enter into a legally binding loan agreement;
15.2.c.3. Has the ability to repay the loan;
				and
15.2.c.4. Is in compliance with
				the U.S. EPA's All Appropriate Inquiry Rule to claim liability protection as a
				bona fide prospective purchaser (BFPP), contiguous property owner (CPO), or
				innocent landowner (ILO).
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 60-03 - Voluntary Remediation and Redevelopment Rule › Section 60-3-16 - Reopener Provisions

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. If at
				any time the Secretary determines that one of the reopener conditions in the
				Act has been triggered, he or she shall issue notice of his or her
				determination by providing written notice through certified/registered mail to
				the initial remediator and the current occupant, and any other person who has
				asked to be notified of any actions regarding the site.
16.2. The Certificate of Completion
				previously issued for the site shall become null and void upon the expiration
				of 60 days from the date of issuance of notice as provided in subsection 16.1,
				unless prior to such time at least one of the following occurs:
16.2.a. Where the initial remediator seeks to
				maintain the Certificate of Completion then in effect, the initial remediator
				shall:
16.2.a.1. Reopen and revise the
				Voluntary Remediation Agreement to the extent necessary to return the site to
				its previously agreed to state of remediation; or
16.2.a.2. Reopen and revise the Voluntary
				Remediation Agreement to the extent necessary to achieve an alternative
				appropriate standard as determined by the Secretary;
West Virginia Code of State Rules › Agency 60 - Environmental Protection - Secretary's Office › Title 60 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER AND WASTE MANAGEMENT › Series 60-03 - Voluntary Remediation and Redevelopment Rule › Appendix 60-3A - WEST VIRGINIA VOLUNTARY REMEDIATION AGREEMENT FOR NO FURTHER ACTION INVESTIGATION ACTIVITIES

Current through Register Vol. XLI, No. 28, July 12, 2024
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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 60-03 - Voluntary Remediation and Redevelopment Rule › Appendix 60-3B - WEST VIRGINIA VOLUNTARY REMEDIATION AGREEMENT FOR INVESTIGATION AND REMEDIATION ACTIVITIES

Current through Register Vol. XLI, No. 28, July 12, 2024
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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 60-03 - Voluntary Remediation and Redevelopment Rule › Appendix 60-3C - WEST VIRGINIA VOLUNTARY REMEDIATION AGREEMENT FOR BROWN FIELDS REVOLVING FUND APPLICANTS

Current through Register Vol. XLI, No. 28, July 12, 2024
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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 60-03 - Voluntary Remediation and Redevelopment Rule › Appendix 60-3D - STATE OF WEST VIRGINIA VOLUNTARY REMEDIATION PROGRAM CERTIFICATE OF COMPLETION AND COVENANT

Current through Register Vol. XLI, No. 28, July 12, 2024
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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 60-03 - Voluntary Remediation and Redevelopment Rule › Appendix 60-3E - LAND USE COVENANT

Current through Register Vol. XLI, No. 28, July 12, 2024
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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 60-03 - Voluntary Remediation and Redevelopment Rule › Table 60-3A

Current through Register Vol. XLI, No. 28, July 12, 2024
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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 60-4-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- The
				purpose of this rule is to provide Stream Partners Program grant requirements
				and guidance concerning the awarding of grants to broad-based community
				organizations for watershed improvement projects.
1.2. Authority. -- W. Va. Code §
									20-13-4.
1.3. Filing Date. --. July 29, 2014
1.4. Effective Date. --. May 1,
				2015
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 60-4-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Broad-based
				community organization" means an organization comprised of local individuals
				from a cross section of the community that live on or near the stream. Example
				organizations include those with a representation of a cross section from
				industry, environmental organizations, agriculture, local government, tourism,
				recreation, and landowners.
2.2.
				"Grant" means the money awarded to the broad-based community organization by
				the State of West Virginia. The amount of the grant shall not exceed
				$5,000.
2.3. "Grantee" means the
				broad-based community organization that has been awarded the grant to complete
				a watershed improvement project.
2.4. "In-kind services" means goods and
				services donated to the organization to help complete the watershed improvement
				project and to match 20% of the awarded grant.
2.5. "Executive Committee" means a committee
				consisting of the directors and secretary or his or her designee from each of
				the four agencies that jointly administer the program. These agencies include:
				the West Virginia Department of Environmental Protection, the West Virginia
				Divisions of Forestry and Natural Resources and the West Virginia Soil
				Conservation Agency.
2.6. "West
				Virginia Stream Partners Program Coordinator" means a staff member of one of
				the administering agencies who coordinates the program on behalf of the
				Executive Committee.
2.7.
				"Watershed" means a topographically (lay-of-the-land) defined drainage system
				that directs rainfall, spring outflows, and other surface water sources to a
				common collection area such as a hollow watercourse, a stream, or a river.
				Watersheds can and do vary in size from several acres to thousands of square
				miles.
2.8. "Watershed improvement
				project" means a project that enhances the identified stream or streams and
				educates the citizens in the area of that stream or streams about the benefits
				of restoring, protecting and enhancing the quality of life within the
				watershed.
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 60-4-3 - Applicability

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. In accordance
				with W. Va. Code §
									20-13-5,
				grants may be used by broad-based community organizations as defined in
				subsection 2.1 of this rule.
3.2.
				Grants will be made for a period of one calendar year. Within that year the
				grantee must demonstrate the ability to achieve the specific watershed
				improvement project that enhances the identified stream within the
				watershed.
3.3. In accordance with
				W. Va. Code §
									20-13-4,
				grants will be awarded on a twenty per cent (20%) matching basis. The amount of
				the grant will be determined by a required watershed improvement project
				budget, not to exceed $5000.
3.4.
				In accordance with W. Va. Code §
									20-13-5,
				applicant must evidence a commitment to educate the citizens in the area of the
				identified stream about the benefits of restoring, protecting, and enhancing
				the stream within the watershed in a responsible manner.
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 60-4-4 - In-kind Services

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Credit
				will be given for any in-kind services, cash contributions, and other grants
				contributed to the watershed improvement project when determining the twenty
				per cent (20%) match of the grant.
4.2. Volunteer services furnished by
				organization members, third-party professionals, technical personnel,
				consultants, and other skilled and unskilled labor may be counted as in-kind
				services. Rates for all volunteer services must be consistent with those paid
				for similar work in the labor market in which the organization competes for the
				kind of services involved.
4.3.
				Donated equipment will be valued at its fair market value pro-rated over the
				life of the grant year.