§22-12-1. Short Title
This article may be known and cited as the Groundwater Protection Act.
§22-12-10. Civil and Criminal Penalties; Civil Administrative Penalties; Dedication of Penalty Proceeds; Injunctive Relief; Enforcement Orders; Hearings
(a) Any person who violates any provision of this article, or any permit or agency approval, rule or order issued to implement this article, is subject to civil penalties in accordance with the provisions of section twenty-two, article eleven of this chapter: Provided, That such penalties are in lieu of civil penalties which may be […]
§22-12-11. Appeal Procedures
Any person having an interest which is or may be adversely affected, or who is aggrieved by an order of the director or any public official authorized to take or implement an agency action, or by the issuance or denial of a permit issued to implement this article or by such permit's term or conditions, […]
§22-12-12. Rule-Making Petition
Any person may petition the appropriate rule-making agency for rule making on an issue arising under this article. The appropriate rule-making agency, if it believes such issue to merit rule making, may initiate rulemaking in accordance with the provisions of chapter twenty-nine-a of this code. A decision by the appropriate rule-making agency not to pursue […]
§22-12-13. Existing Rights and Remedies Preserved; Effect of Compliance
(a) It is the purpose of this article to provide additional and cumulative remedies to address the quality of the groundwater of the state. This article does not alter the authority of any agency with respect to water other than groundwater. Except as expressly stated in this article, it is not the intention of the […]
§22-12-14. Effective Dates of Provisions Subject to Federal Approval
To the extent that this article modifies any powers, duties, functions and responsibilities of any state agency that may require approval of one or more federal agencies or officials in order to avoid disruption of the federal-state relationship involved in the implementation of federal regulatory programs by the state, any such modifications become effective upon […]
§22-12-2. Legislative Findings, Public Policy and Purposes
(a) The Legislature finds that: (1) West Virginia has relatively pure groundwater resources which are abundant and readily available;
§22-12-3. Definitions
Unless the context in which used clearly requires a different meaning, as used in this article: (a) "Agency action" means the issuance, renewal or denial of any permit, license or other required agency approval, or any terms or conditions thereof, or any order or other directive issued by the Division of Environmental Protection, bureau of […]
§22-12-4. Authority of Secretary to Promulgate Standards of Purity and Quality
(a) The secretary has the sole and exclusive authority to promulgate standards of purity and quality for groundwater of the state. (b) These standards shall establish the maximum contaminant levels permitted for groundwater, but in no event shall the standards allow contaminant levels in groundwater to exceed the maximum contaminant levels adopted by the United […]
§22-12-5. Authority of Other Agencies; Applicability
(a) Notwithstanding any other provision of this code to the contrary, no agency of state government or any political subdivision may regulate any facility or activities for the purpose of maintaining and protecting the groundwater except as expressly authorized pursuant to this article. (b) To the extent that such agencies have the authority pursuant to […]
§22-12-6. Lead Agency Designation; Additional Powers and Duties
(a) The Division of Environmental Protection is hereby designated to be the lead agency for groundwater and is authorized and shall perform the following additional powers and duties: (1) To maintain the state groundwater management strategy;
§22-12-7. Groundwater Coordinating Committee; Creation
(a) The state groundwater coordinating committee is continued. It consists of the commissioner of the bureau of public health, the commissioner of agriculture, the chair of the environmental quality board, the chief of the office of water resources of the Division of Environmental Protection and the director of the Division of Environmental Protection who shall […]
§22-12-8. Groundwater Certification
(a) To ensure a comprehensive, consistent and unfragmented approach to the management and protection of groundwater, including evaluation of the cumulative effects of all activities that have the potential to impact on groundwater, the director shall oversee and coordinate the implementation of this article by each of the groundwater regulatory agencies through a groundwater certification […]
§22-12-9. Groundwater Protection Fees Authorized; Director to Promulgate Rules; Dedication of Fee Proceeds; Groundwater Protection Fund Established; Groundwater Remediation Fund Established
(a) The Director of the Division of Environmental Protection shall promulgate legislative rules in accordance with the provisions of chapter twenty-nine-a of this code establishing a schedule of groundwater protection fees applicable to persons who own or operate facilities or conduct activities subject to the provisions of this article. The schedule of fees shall be […]