§22-33-5. Definitions
As used in this article: (a) “Correlative right” means the right of each geothermal owner in a geothermal system to produce without waste his or her just and equitable share of the geothermal resource in the geothermal system. (b) “Geothermal energy” means the usable energy that is produced or that can be produced from a […]
§22-33-6. Geothermal Resources Permit Required
It is unlawful for any person to commence any work relating to the exploration, development, or production of geothermal resources without first obtaining a well permit from the secretary pursuant to this article.
§22-32-5. Wind and Solar Decommissioning Account, Bonds to Be Held
(a) This article establishes a Wind and Solar Decommissioning Account within the State Treasury. There must be paid into the account: (1) Fees and penalties collected in accordance with the article; and
§22-32-6. Bond Release
(a)(1) Subject to subdivision (2) of this subsection, the Department of Environmental Protection (DEP) shall release the bond if it is satisfied that an owner has properly decommissioned a wind generation facility or solar generation facility in accordance with the plan required by this article. (2) At any time, an owner of a wind generation […]
§22-32-7. Rulemaking
The Department of Environmental Protection (DEP) may promulgate such emergency, interpretive, legislative, and procedural rules as the secretary deems to be useful or necessary to carry out the purpose of this article and to implement the intent of the Legislature in accordance with the provisions of 29A-3-1 et seq. of this code, prescribing: (a) Standards […]
§22-32-8. Decommissioning Agreements
Decommissioning agreements entered by wind and solar facilities not exempted from this Act shall address, at a minimum: (a) The term and scope of the agreement, including access and easement rights for decommissioning activities thereunder; (b) The establishment of a bond or fund for decommissioning activities; provisions governing the same; initial balances; and whether an […]
§22-30-23. Promulgation of Rules
The secretary shall promulgate emergency and legislative rules as necessary to implement the provisions of this article in accordance with the provisions of article three, chapter twenty-nine-a of this code.
§22-30-24. Powers and Duties of Secretary
(a) In addition to the powers and duties prescribed in this chapter or otherwise provided by law, the secretary has the exclusive authority to perform all acts necessary to implement this article. (b) The secretary may receive and expend money from the federal government or any other sources to implement this article. (c) The secretary […]
§22-30-25. Waiving Certain Requirements of This Article for Specified Categories of Aboveground Storage Tanks as Designated by the Department by Legislative Rule
The secretary may designate, by rules proposed for legislative approval in accordance with article three, chapter twenty-nine-a of this code, additional categories of aboveground storage tanks for which one or more of the requirements of this article may be waived upon a determination that such categories of aboveground storage tanks either do not represent a […]
§22-30-26. Secretary's Authority to Require Individual Npdes Permits Within a Zone of Critical Concern
Any person who holds a National Pollutant Discharge Elimination System general permit pursuant to the federal Water Pollution Control Act or the West Virginia Water Pollution Control Act, article eleven of this chapter, for a site that contains one or more regulated aboveground storage tanks may be required by the secretary to apply for and […]