§22-27-12. Rules
The department may propose legislative rules in accordance with article three, chapter twenty-nine-a of this code as needed to implement the provisions of this article.
§22-28-1. Legislative Findings
The Legislature finds and declares that: (a) There is a growing need for the extension of public water and sewer services throughout the state and that the extension of such services and facilities maintains the health and economic vitality of the citizens of West Virginia. In addition, access to such infrastructure facilities is equal essential […]
§22-28-2. Definitions
For the purposes of this article, the following words or terms defined have the meaning ascribed to them herein: (a) "Certificate of appropriateness" shall refer to the document evidencing approval of a project and is issued by the Secretary of the Department of Environmental Protection pursuant to the provisions of this article. The issuance of […]
§22-28-3. Creation of Community Infrastructure Investment Project; Certificate of Appropriateness; Rule-Making Authority
(a) There is hereby created a Community Infrastructure Investment Program within the Department of Environmental Protection. This Program will facilitate the construction or expansion of project facilities for the promotion of economic development and the protection of public health and environment in the state. Any public service district or municipal utility that wishes to accept […]
§22-28-4. Community Infrastructure Investment Agreements; Report to Joint Committee on Government and Finance
(a) Municipal utilities and public service districts have the power and authority to enter into community infrastructure investment agreements with any person for the purpose of constructing new project facilities or substantially improving or expanding project facilities. (b) Notwithstanding any other provision in this code to the contrary, the Secretary shall have the power and […]
§22-28-5. Authority of the Department of Environmental Protection and Division of Health Not Affected
Nothing contained in this article shall be construed to affect the authority of the Department of Environmental Protection pursuant to the provisions of this chapter, nor the authority of the Division of Health pursuant to the provisions of chapter sixteen of this code. Facilities discharging into the Potomac River watershed and its tributaries shall be […]
§22-27-3. Definitions
As used in this article unless used in a context that clearly requires a different meaning, the term: (a) "Abandoned lands" means land adversely affected by mineral extraction and left or abandoned in an unreclaimed or inadequately reclaimed condition. (b) "Consideration" means something of value promised, given or performed in exchange for something which has […]
§22-27-4. Eligibility and Project Inventory
(a) General rule. — An eligible landowner or eligible project sponsor who voluntarily provides equipment, materials or services at no charge or at cost for a reclamation project or a water pollution abatement project in accordance with the provisions of this article is immune from civil liability and may raise the protections afforded by the […]
§22-27-5. Landowner Liability Limitation and Exceptions
(a) General rule. — Except as specifically provided in subsections (b) and (c) of this section, an eligible landowner who provides access to the land, without charge or other consideration, which results in the implementation of a reclamation project or a water pollution abatement project: (1) Is immune from liability for any injury or damage […]
§22-27-6. Project Sponsor Liability Limitation and Exceptions
(a) General rule. — Except as specifically provided in subsection (b) of this section, a project sponsor who provides equipment, materials or services at no cost or at cost for a reclamation project or a water pollution abatement project: (1) Is immune from liability for any injury to or damage suffered by a person which […]