US Lawyer Database

For Lawyer-Seekers

YOU DESERVE THE BEST LAWYER

Home » US Law » 2022 West Virginia Code » Chapter 15. Public Safety » Article 5A. West Virginia Emergency Response and Community Right-to-Know Act

§15-5A-1. Declaration of Purpose

The Legislature recognizes that Title III of the Superfund Amendments and Reauthorization Act of 1986: The Emergency Planning and Community Right-to-Know Act of 1986, P.L. 99-499, enacted by the United States Congress and signed into law on October 17, 1986, has two primary objectives, i.e., to require states and local communities to develop comprehensive emergency […]

§15-5A-2. Jurisdiction of West Virginia Emergency Response Commission

The state emergency response commission shall have within its jurisdiction and supervision the preparation and implementation of comprehensive emergency response plans for each designated emergency planning district within the state so as to comply with the requirements of 42 U.S.C. §11001, et seq. The commission, through the Office of Emergency Services, shall also be responsible […]

§15-5A-3. Definitions

Unless the context in which used clearly requires a different meaning, as used in this article: (a) "Best management practices" means any practices made applicable to a facility pursuant to section 304(e) of the Clean Water Act and the federal regulations promulgated thereunder. (b) "Clean Water Act" means the Federal Water Pollution Control Act, P.L. […]

§15-5A-4. State Emergency Response Commission Created; Composition and Organization, Qualifications, Terms, Removal, Compensation, Meetings

(a) There is hereby created the state emergency response commission. (b) The state emergency response commission shall consist of eleven members, including the director of the Division of Environmental Protection, the commissioner of the division of public health, the chief of the office of air quality of the Division of Environmental Protection, the director of […]

§15-5A-5. Powers and Duties of the Commission

The commission shall have and may exercise the following powers and authority and shall perform the following duties: (a) Designate emergency planning districts; (b) Appoint local emergency planning committees for each emergency planning district and supervise and coordinate the activities of such committees; (c) Revise any designations and appointments made under subsections (a) and (b) […]

§15-5A-6. Powers and Duties of the Office of Emergency Services

The Office of Emergency Services, as created by article five, chapter fifteen of the Code of West Virginia, shall perform the administrative duties of the state emergency response commission. The administrative duties to be performed by the Office of Emergency Services shall include, but shall not be limited to, the following: (a) Receive, catalogue and […]

§15-5A-7. Establishment of Emergency Planning Districts and Committees; Composition, Organization, Duties

(a) The state emergency response commission shall designate emergency planning districts in order to facilitate preparation and implementation of emergency plans. After designating emergency planning districts, the state emergency response commission shall appoint members of a local emergency planning committee for each emergency planning district. Each committee shall include representatives from each of the following […]

§15-5A-8. Severability

The provisions of this article are severable and if any provision, section or part thereof shall be held invalid, unconstitutional or inapplicable to any person or circumstance, such invalidity, unconstitutionality or inapplicability shall not affect or impair any of the remaining provisions, sections or parts of the article or their application to him or to […]