West Virginia · statute · W. Va. Code ch. 22B · 23 active provisions
It is hereby declared to be the policy of this state and the purpose of this chapter to provide fair, efficient and equitable treatment of appeals of environmental enforcement and permit actions to the boards set forth herein. It is also the intent of the Legislature to consolidate and combine the legal, technical and…
Unless the context clearly requires a different meaning, as used in this chapter the following terms have the meanings ascribed to them: (1) “Board” or “boards” means the applicable board continued pursuant to the provisions of this chapter, including the air quality board, the environmental quality board and the surfa…
(a) The chairs of the boards shall exercise the following powers, authorities and duties: (1) To provide for the management of facilities and personnel of the boards; (2) To employ, terminate and compensate support staff for the boards and to fix the compensation of that staff, which shall be paid out of the State Trea…
(a) Each member of a board, other than an ex officio member, shall be paid the same compensation and expense reimbursement as is paid to members of the Legislature for their interim duties as recommended by the citizens legislative compensation commission and authorized by law for each day or portion thereof engaged in…
In addition to all other powers and duties of the air quality board, environmental quality board and surface mine board as prescribed in this chapter or elsewhere by law, the boards created or continued pursuant to the provisions of this chapter have and may exercise the following powers and authority and shall perform…
(a) Any appeal hearing brought pursuant to this chapter shall be conducted by a quorum of the board, but the parties may by stipulation agree to take evidence before any one or more members of the board or a hearing examiner employed by the board. For the purpose of conducting such appeal hearing, any member of a board…
(a) The provisions of this section are applicable to all appeals to the boards, with the modifications or exceptions set forth in this section. (b) Any person authorized by statute to seek review of an order, permit, or official action of the chief of air quality, the chief of water resources, the chief of waste manage…
(a) Parties to a hearing may petition a board to obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending hearing, subject to the procedural rules of the boards and the limitations contained herein. (b) The following limited discovery may be commenced and ob…
(a) Any person, or the secretary, as the case may be, adversely affected by an order made and entered by a board after an appeal hearing, held in accordance with the provisions of this chapter, is entitled to judicial review thereof. All of the provisions of §29A-5-4 of this code apply to and govern the review with lik…
With respect to any information obtained in the course of an appeal, all members of boards and all personnel employed thereby shall maintain confidentiality to the same extent required of the chief or director.
In addition to the specific conflict of interest provisions set forth in this chapter, any member who has any financial interest in the outcome of a decision of the board shall not vote or act on any matter which shall directly affect the member’s personal interests.
(a) All orders, determinations, rules, permits, grants, contracts, certificates, licenses, waivers, bonds, authorizations and privileges which have been issued, made, granted or allowed to become effective by a board in the performance of functions which are affected by the enactment of this chapter, and which are in e…
(a) On and after the effective date of this article, the “air pollution control commission”, heretofore created, shall continue in existence and hereafter shall be known as the “air quality board”. (b) The board shall be composed of seven members, including the commissioner of the bureau of public health and the commis…
In addition to all other powers and duties of the air quality board, as prescribed in this chapter or elsewhere by law, the board has and may exercise the power and authority to receive any money as a result of the resolution of any case on appeal which shall be deposited in the State Treasury to the credit of the offi…
All of the provisions of §22B-1-9 of this code apply to and govern such review with like effect as if the provisions of §22B-1-9 of this code were set forth in extenso in this section, with the following modifications or exceptions: (a) As to cases involving an order denying an application for a permit, or approving or…
(a) The Environmental Quality Board is continued. (b) The board is composed of five members, appointed by the Governor with the advice and consent of the Senate. (1) No more than three members may be of the same political party. (2) As each member’s term ends, a qualified successor shall be appointed by the Governor wi…
(a) In addition to all other powers and duties of the Environmental Quality Board, as prescribed in this chapter or elsewhere by law, the board may receive any money as a result of the resolution of any case on appeal which shall be deposited in the State Treasury to the credit of the Water Quality Management Fund crea…
All of the provisions of §22B-1-9 of this code apply to and govern such review with like effect as if the provisions of §22B-1-9 of this code were set forth in extenso in this section, with the following modifications or exceptions: (a) As to cases involving an order denying an application for a permit, or approving or…
Repealed. Acts, 2005 Reg. Sess., Ch. 246.
Repealed. Acts, 2010 Reg. Sess., Ch. 32.
(a) On and after the effective date of this article, the “reclamation board of review”, heretofore created, shall continue in existence and hereafter shall be known as the “surface mine board”. (b) The board shall be composed of seven members who shall be appointed by the Governor with the advice and consent of the Sen…
In addition to all other powers and duties of the surface mine board, as prescribed in this chapter or elsewhere by law, the board shall have and may exercise the power and authority to receive any money as a result of the resolution of any case on appeal. Moneys received from cases arising from the Surface Mine Reclam…
All of the provisions of §22B-1-9 of this code apply to and govern such review with like effect as if the provisions of §22B-1-9 of this code were set forth in extenso in this section, with the following modifications or exceptions: (a) As to cases involving an order denying an application for a permit, or approving or…