§22-5-17. Interstate Ozone Transport
(a) This section of the Air Pollution Control Act may be referred to as the Interstate Ozone Transport Oversight Act. (b) The Legislature hereby finds that: (1) The federal Clean Air Act, as amended, contains a comprehensive regulatory scheme for the control of emissions from mobile and stationary sources, which will improve ambient air quality […]
§22-5-3. Causing Statutory Pollution Unlawful; Article Not to Provide Persons With Additional Legal Remedies
It is unlawful for any person to cause a statutory air pollution, to violate the provisions of this article, to violate any rules promulgated pursuant to this article to operate any facility subject to the permit requirements of the director without a valid permit, or to knowingly misrepresent to any person in the State of […]
§22-5-18. Market-Based Banking and Trading Programs, Emissions Credits; Director to Promulgate Rules
(a) The director shall propose legislative rules for promulgation in accordance with article three, chapter twenty-nine-a of this code, to the full extent allowed by federal and state law, one or more rules establishing a voluntary emissions trading and banking program that provides incentives to make progress toward the attainment or maintenance of the national […]
§22-5-4. Powers and Duties of Director; and Legal Services; Rules
(a) The director is authorized: (1) To develop ways and means for the regulation and control of pollution of the air of the state;
§22-5-19. Inventory of Greenhouse Gases
(a) The secretary shall establish a program to inventory greenhouse gas emissions from major sources that are subject to mandatory federal greenhouse gases reporting requirements. The secretary shall obtain available emissions data directly from the appropriate federal entity, including the United States Environmental Protection Agency. (b) As used in this section, "greenhouse gas" means carbon […]
§22-5-5. Issuance of Cease and Desist Orders by Director; Service; Permit Suspension, Modification and Revocation; Appeals to Board
If, from any investigation made by the director or from any complaint filed with him or her, the director is of the opinion that a person is violating the provisions of this article, or any rules promulgated pursuant thereto, he or she shall make and enter an order directing the person to cease and desist […]
§22-5-20. Development of a State Plan Relating to Carbon Dioxide Emissions From Existing Fossil Fuel-Fired Electric Generating Units
The West Virginia Department of Environmental Protection shall propose a legislative rule for promulgation in accordance with 29A-3-1 of this code to implement the Affordable Clean Energy rule, consisting of Emission Guidelines for Greenhouse Gas, Emissions from Existing Electric Utility Generating Units (EGUs) pursuant to the federal Clean Air Act, section 111(d). The proposed rule […]
§22-5-6. Penalties; Recovery and Disposition; Duties of Prosecuting Attorneys
(a) Any person who violates any provision of this article, any permit or any rule or order issued pursuant to this article or article one, chapter twenty-two-b of this code is subject to a civil penalty not to exceed $10,000 for each day of such violation, which penalty shall be recovered in a civil action […]
§22-5-7. Applications for Injunctive Relief
The director may seek an injunction against any person in violation of any provision of this article or any permit, rule or order issued pursuant to this article or article one, chapter twenty-two-b of this code. In seeking an injunction, it is not necessary for the director to post bond nor to allege or prove […]
§22-5-8. Emergencies
Whenever air pollution conditions in any area of the state become such as, in the opinion of the director, to create an emergency and to require immediate action for the protection of the public health, the director may, with the written approval of the Governor, so find and enter such order as it deems necessary […]