§22-25-3. Definitions
As used in this article, unless the context otherwise requires: (a) "Cross-media transfer" means a pollutant transfer from one environmental media to another, such as air to water. (b) "Department" means the Department of Environmental Protection. (c) "Environmental goals" means the environmental performance objectives proposed by a qualified applicant that demonstrates superior environmental performance and […]
§22-25-4. Powers and Duties of the Department
(a) Within one year after the effective date of this section, the secretary, after consultation with representatives from the regulated community, local governments, environmental advocacy groups and other interested citizens, shall develop and implement a voluntary environmental excellence program in accordance with this article. The secretary shall propose legislative rules for promulgation in accordance with […]
§22-25-5. Eligibility and Application Requirements
(a) The secretary shall establish by rule the minimum criteria for participation in the environmental excellence program. The minimum criteria shall include, but not be limited to, the following: (1) An identified number of years with no serious civil noncompliance;
§22-25-6. Application Review and Authority to Enter Into Environmental Performance Agreement
(a) The secretary shall review all completed applications within a reasonable period of time. If the secretary determines that the application meets the requirements for the program, the secretary shall notify the applicant in writing, and the application shall be incorporated into a written agreement. If the secretary determines the application does not meet the […]
§22-25-7. Judicial Review of Department Decision on Acceptance of Application to Participate in the Environmental Excellence Program
The decision of the department to refuse to accept an application for participation in the environmental excellence program is not subject to judicial review. The decision of the department to enter into an environmental performance agreement may be appealed to the environmental quality board by any person aggrieved or adversely affected by the action being […]
§22-25-8. Withdrawal, Enforcement and Termination From the Program
(a) Any participant may elect to withdraw from participation in the program at any time upon written notice to the secretary. (b) The secretary shall terminate the participation of any participant in the program if a serious violation is discovered or occurs and the violation is not properly disclosed in accordance with the law or […]
§22-24-4. Loan Conditions
A loan made to an eligible borrower as provided by this article shall: (a) Have an interest rate not to exceed one half of the federal prime interest rate, but in no case may the annual rate be less than four percent: Provided, That environmental loan projects that have been determined by the director to […]
§22-22B-13. Relation to Electronic Signatures in Global and National Commerce Act
This article modifies, limits or supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. Section 7001, et seq.) but does not modify, limit or supersede Section 101 of said Act (15 U.S.C. Section 7001(a)) or authorize electronic delivery of any of the notices described in Section 103 of said Act (15 […]
§22-22B-14. Severability
If any provision of this article or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this article which can be given effect without the invalid provision or application, and to this end the provisions of this article are severable.
§22-23-1. Findings and Purposes
The West Virginia Legislature hereby finds that: (a) The United States is a signatory to the 1992 United Nations Framework Convention on Global Climate Change Treaty("FCCC"); (b) A protocol to expand the scope of the FCCC was negotiated in December, 1997in Kyoto, Japan ("Kyoto Protocol"), requiring the United States to reduce emissions of greenhouse gases […]