§22-11-1. Short Title
This article may be known and cited as the Water Pollution Control Act.
§22-11-10. Water Quality Management Fund Established; Permit Application Fees; Annual Permit Fees; Dedication of Proceeds; Rules
(a) The special revenue fund designated the Water Quality Management Fund established in the State Treasury on July 1, 1989, is hereby continued. (b) The permit application fees and annual permit fees established and collected pursuant to this section; any interest or surcharge assessed and collected by the secretary; interest accruing on investments and deposits […]
§22-11-11. Procedure Concerning Permits Required Under Article; Transfer of Permits; Prior Permits
(a) The chief or his or her duly authorized representatives shall conduct such investigation as is deemed necessary and proper in order to determine whether any such application should be granted or denied. In making such investigation and determination as to any application pertaining solely to sewage, the chief shall consult with the director of […]
§22-11-12. Inspections; Orders to Compel Compliance With Permits; Service of Orders
After issuance of the division's permit for any activity the director may make field inspections of the work on the activity, and, after completion thereof, may inspect the completed activity, and, from time to time, may inspect the maintenance and operation of the activity. To compel compliance with the terms and conditions of the division's […]
§22-11-13. Voluntary Water Quality Monitors; Appointment; Duties; Compensation
The director is hereby authorized to appoint voluntary water quality monitors to serve at the will and pleasure of the director. All such monitors appointed pursuant hereto shall be eighteen years of age or over and shall be bona fide residents of this state. Such monitors are authorized to take water samples of the waters […]
§22-11-14. Information to Be Filed by Certain Persons With Division; Tests
Any and all persons directly or indirectly discharging or depositing treated or untreated sewage, industrial wastes, or other wastes, or the effluent therefrom, into or near any waters of the state shall file with the director such information as the director may reasonably require on forms prescribed for such purpose, including, but not limited to, […]
§22-11-15. Orders of Director to Stop or Prevent Discharges or Deposits or Take Remedial Action; Service of Orders
If the director, on the basis of investigations, inspections and inquiries, determines that any person who does not have a valid permit issued pursuant to the provisions of this article is causing the pollution of any of the waters of the state, or does on occasions cause pollution or is violating any rule or effluent […]
§22-11-16. Compliance With Orders of Director
Any person upon whom any order of the director or any order of the board in accordance with the provisions of section fifteen of this article, or article one, chapter twenty-two-b of this code has been served shall fully comply therewith. When such person is ordered to take remedial action and does not elect to […]
§22-11-17. Power of Eminent Domain; Procedures; Legislative Finding
(a) When any person who is owner of an establishment is ordered by the director to stop or prevent pollution or the violation of the rules of the board or director or to take corrective or remedial action, compliance with which order will require the acquisition, construction or installation of a new treatment works or […]
§22-11-18. Duty to Proceed With Remedial Action Promptly Upon Receipt of Permit; Progress Reports Required; Finances and Funds
When any person is ordered to take remedial action and does not elect to cease operation of the establishment deemed to be the source of such pollution or when ceasing does not stop the pollution, such person shall immediately upon issuance of the permit required under section sixteen of this article take or begin appropriate […]
§22-11-19. Emergency Orders
Whenever the director finds that any discharge, release, escape, deposit or disposition of treated or untreated sewage, industrial wastes or other wastes into any waters within this state, when considered alone or in conjunction with other discharges, releases, escapes, deposits or dispositions, constitutes a clear, present and immediate danger to the health of the public, […]
§22-11-2. Declaration of Policy
(a) It is declared to be the public policy of the State of West Virginia to maintain reasonable standards of purity and quality of the water of the state consistent with: (1) Public health and public enjoyment thereof; (2) the propagation and protection of animal, bird, fish, aquatic and plant life; and (3) the expansion […]
§22-11-20. Control by State as to Pollution; Continuing Jurisdiction
No right to violate the rules of the board or director or to continue existing pollution of any of the waters of the state exists nor may such right be acquired by virtue of past or future pollution by any person. The right and control of the state in and over the quality of all […]
§22-11-21. Appeal to Environmental Quality Board
Any person adversely affected by an order made and entered by the director in accordance with the provisions of this article, or aggrieved by failure or refusal of the chief to act within the specified time as provided in subsection (e) of section eleven of this article on an application for a permit or aggrieved […]
§22-11-22. Civil Penalties and Injunctive Relief; Administrative Penalties
(a) Any person who violates any provision of any permit issued under or subject to the provisions of this article or article eleven-a of this chapter is subject to a civil penalty not to exceed $25,000 per day of such violation and any person who violates any provision of this article or of any rule […]
§22-11-22a. Civil Penalties and Injunctive Relief; Civil Administrative Penalties for Coal Mining Operations
(a) Any person who holds a permit to operate a coal mining operation issued under article three of this chapter who violates any provision of any permit issued under or subject to the provisions of this article or article eleven-a of this chapter is subject to a civil penalty not to exceed $25,000 per day […]
§22-11-23. Priority of Actions
All applications under section twenty-two of this article and all proceedings for judicial review under article one, chapter twenty-two-b of this code shall take priority on the docket of the circuit court in which pending, and shall take precedence over all other civil cases. Where such applications and proceedings for judicial review are pending in […]
§22-11-24. Violations; Criminal Penalties
(a) Any person who causes pollution or who fails or refuses to discharge any duty imposed upon him or her by this article, by article eleven-a of this chapter or by any rule of the board or director, promulgated pursuant to the provisions and intent of this article or article eleven-a of this chapter, or […]
§22-11-25. Civil Liability; Natural Resources Game Fish and Aquatic Life Fund; Use of Funds
If any loss of game fish or aquatic life results from a person or persons' failure or refusal to discharge any duty imposed upon such person by this article, section seven, article six of this chapter or article eleven-a of this chapter, either the West Virginia Division of Natural Resources or the Division of Environmental […]
§22-11-26. Exceptions as to Criminal Liabilities
The criminal liabilities may not be imposed pursuant to section twenty-four of this article for violations resulting from accident or caused by an act of God, war, strike, riot or other catastrophe as to which negligence or willful misconduct on the part of such person was not the proximate cause.