STATE STATUTES & CODES

WEST VIRGINIA STATUTES AND CODES

CHAPTER 22. ENVIRONMENTAL RESOURCES

• §22-1-1   Legislative findings; legislative statement of policy and purpose.
• §22-1-2 Definitions.
• §22-1-3 Rule making generally; relationship to federal programs.
• §22-1-3a Rules -- New or amended environmental provisions.
• §22-1-4 Department of Environmental Protection continued.
• §22-1-5 Jurisdiction vested in division.
• §22-1-6 Secretary of the Department of Environmental Protection.
• §22-1-7 Offices within division.
• §22-1-7a Continuation of office of water resources.
• §22-1-8 Supervisory officers.
• §22-1-8a General powers and duties of the director of the division of mines and minerals.
• §22-1-9 Environmental protection advisory council.
• §22-1-10 Allocation of appropriations and effect on personnel.
• §22-1-11 Saving provisions.
• §22-1-12 Public information.
• §22-1-13 Notification of permitting decisions.
• §22-1-14 Stream restoration fund; creation; special account; purposes and expenditures.
• §22-1-15 Laboratory certification; rules; fees; revocation and suspension; environmental laboratory certification fund; programs affected; and appeals.
• §22-1-16 Time for commencing proceedings.
• §22-1-17 Special reclamation fund advisory council.
• §22-1A-1 Short title.
• §22-1A-2 Legislative findings and purpose.
• §22-1A-3 Actions by division of environmental protection; requirement for assessment.
• §22-1A-4 Buffer zones.
• §22-1A-5 Remedies.
• §22-1A-6 Scope of application.
• §22-2-1 Short title.
• §22-2-2 Legislative findings; intent and purpose of article; jurisdiction and authority of director.
• §22-2-3 Definitions.
• §22-2-4 Abandoned land reclamation fund and objectives of fund; lands eligible for reclamation.
• §22-2-5 Powers and duties of director; program plans and reclamation projects.
• §22-2-6 Acquisition and reclamation of land adversely affected by past coal surface-mining practices.
• §22-2-7 Liens against reclaimed land; petition by landowner; appeal; priority of liens.
• §22-2-8 Filling voids and sealing tunnels.
• §22-2-9 General and miscellaneous powers and duties of director; cooperative agreements; injunctive relief; water treatment plants and facilities; transfer of funds and interagency cooperation.
• §22-3-1 Short title.
• §22-3-2 Legislative findings and purpose; jurisdiction vested in division of environmental protection; authority of director; inter-departmental cooperation.
• §22-3-3 Definitions.
• §22-3-4 Reclamation; duties and functions of director.
• §22-3-5 Surface-mining reclamation supervisors and inspectors; appointment and qualifications; salary.
• §22-3-6 Duties of surface-mining reclamation inspectors and inspectors in training.
• §22-3-7 Notice of intention to prospect, requirements therefor; bonding; director's authority to deny or limit; postponement of reclamation; prohibited acts; exceptions.
• §22-3-8 Prohibition of surface mining without a permit; permit requirements; successor in interest; duration of permits; proof of insurance; termination of permits; permit fees.
• §22-3-9 Permit application requirements and contents.
• §22-3-10 Reclamation plan requirements.
• §22-3-11 Bonds; amount and method of bonding; bonding requirements; special reclamation tax and funds; prohibited acts; period of bond liability.
• §22-3-11a Special reclamation tax; clarification of imposition of tax; procedures for collection and administration of tax; application of Tax Procedure and Administration Act and Tax Crimes and Penal
• §22-3-13 General environmental protection performance standards for surface mining; variances.
• §22-3-13a Preblast survey requirements.
• §22-3-14 General environmental protection performance standards for the surface effects of underground mining; application of other provisions of article to surface effects of underground mining.
• §22-3-15 Inspections; monitoring; right of entry; inspection of records; identification signs; progress maps.
• §22-3-16 Cessation of operation by order of inspector; informal conference; imposition of affirmative obligations; appeal.
• §22-3-17 Notice of violation; procedure and actions; enforcement; permit revocation and bond forfeiture; civil and criminal penalties; appeals to the board; prosecution; injunctive relief.
• §22-3-18 Approval, denial, revision and prohibition of permit.
• §22-3-19 Permit revision and renewal requirements; incidental boundary revisions; requirements for transfer; assignment and sale of permit rights; and operator reassignment.
• §22-3-20 Public notice; written objections; public hearings; informal conferences.
• §22-3-21 Decision of director on permit application; hearing thereon.
• §22-3-22 Designation of areas unsuitable for surface mining; petition for removal of designation; prohibition of surface mining on certain areas; exceptions; taxation of minerals underlying land desig
• §22-3-22a Blasting restrictions; site specific blasting design requirement.
• §22-3-23 Release of bond or deposits; application; notice; duties of secretary; public hearings; final maps on grade release.
• §22-3-24 Water rights and replacement; waiver of replacement.
• §22-3-25 Citizen suits; order of court; damages.
• §22-3-26 Surface-mining operations not subject to article.
• §22-3-27 Leasing of lands owned by state for surface mining of coal.
• §22-3-28 Special permits authorization for reclamation of existing abandoned coal processing waste piles; coal extraction pursuant to a government-financed reclamation contract; coal extraction as an
• §22-3-29 Experimental practices.
• §22-3-30 Certification and training of blasters.
• §22-3-30a Blasting requirements; liability and civil penalties in the event of property damage.
• §22-3-31 Conflict of interest prohibited; criminal penalties therefor; employee protection.
• §22-3-32 Special tax on coal production; mines and minerals operations fund.
• §22-3-32a Special tax on coal; clarification of imposition of tax; procedures for collection and administration of tax.
• §22-3A-1 Legislative findings; policy and purposes.
• §22-3A-2 Office of explosives and blasting created; transfer of functions; responsibilities.
• §22-3A-3 Powers and duties.
• §22-3A-4 Legislative rules on surface-mining blasting;disciplinary procedures for certified blasters.
• §22-3A-5 Claims process.
• §22-3A-6 Rules, orders and permits to remain in effect;proceedings not affected.
• §22-3A-7 Funding.
• §22-3A-8 Transfer of personnel and assets.
• §22-3A-9 Limitation of article.
• §22-3A-10 Office to conduct study.
• §22-3A-11 Continuation of office.
• §22-4-1 Short title.
• §22-4-2 Legislative findings.
• §22-4-3 Definitions.
• §22-4-4 Director of the division of environmental protection; powers and duties.
• §22-4-5 Quarry permit requirements.
• §22-4-6 Application review, public notice and comment, and permit approval.
• §22-4-7 Denial of quarry permit.
• §22-4-8 Limitations; mandamus.
• §22-4-9 Permit renewals and revisions.
• §22-4-10 Modification of permits.
• §22-4-11 Transfer of permits.
• §22-4-12 Pre-blast survey requirements.
• §22-4-13 Blasting restrictions; blasting formula; filing preplan; site specific blasting requirements; penalties; notice.
• §22-4-14 Performance standards.
• §22-4-15 Groundwater protection.
• §22-4-16 Water rights and replacement; waiver of replacement.
• §22-4-17 Quarrying and reclamation plan.
• §22-4-18 Land reclamation requirements.
• §22-4-19 Time period for reclamation.
• §22-4-20 Fiscal responsibility.
• §22-4-21 Release of bonds.
• §22-4-22 Bond pooling fund.
• §22-4-23 Quarry reclamation fund.
• §22-4-24 Orders, inspections and enforcement; permit revocation, damages, civil and criminal penalties.
• §22-4-25 Appeals to board.
• §22-4-26 Required fees, quarry inspection and enforcement fund.
• §22-4-27 Exception for certain existing quarries.
• §22-4-28 Persons ineligible for a permit.
• §22-4-29 Exemptions.
• §22-5-1 Declaration of policy and purpose.
• §22-5-2 Definitions.
• §22-5-3 Causing statutory pollution unlawful; article not to provide persons with additional legal remedies.
• §22-5-4 Powers and duties of director; and legal services; rules.
• §22-5-5 Issuance of cease and desist orders by director; service; permit suspension, modification and revocation; appeals to board.
• §22-5-6 Penalties; recovery and disposition; duties ofprosecuting attorneys.
• §22-5-7 Applications for injunctive relief.
• §22-5-8 Emergencies.
• §22-5-9 Powers reserved to secretary of the department of health and human resources, commissioner of bureau of public health, local health boards and political subdivisions; conflicting statutes repe
• §22-5-10 Records, reports, data or information; confidentiality; proceedings upon request to inspect or copy.
• §22-5-11 Construction, modification or relocation permits required for stationary sources of air pollutants.
• §22-5-11a Activities authorized in advance of permit issuance.
• §22-5-12 Operating permits required for stationary sources of air pollution.
• §22-5-13 Consolidation of permits.
• §22-5-14 Administrative review of permit actions.
• §22-5-15 Motor vehicle pollution, inspection and maintenance.
• §22-5-16 Small business environmental compliance assistance program, compliance advisory panel.
• §22-5-17 Interstate ozone transport.
• §22-5-19 Net greenhouse gas inventory.
• §22-6-1 Definitions.
• §22-6-2 Secretary -- Powers and duties generally; department records open to public; inspectors.
• §22-6-3 Findings and orders of inspectors concerning violations; determination of reasonable time for abatement; extensions of time for abatement; special inspections; notice of findings and orders.
• §22-6-4 Review of findings and orders by director; special inspection; annulment, revision, etc., of order; notice.
• §22-6-5 Requirements for findings, orders and notices; posting of findings and orders; judicial review of final orders of director.
• §22-6-6 Permit required for well work; permit fee; application; soil erosion control plan.
• §22-6-7 Water pollution control permits; powers and duties of the director; penalties.
• §22-6-8 Permits not to be on flat well royalty leases; legislative findings and declarations; permit requirements.
• §22-6-9 Notice to property owners.
• §22-6-10 Procedure for filing comments; certification of notice.
• §22-6-11 Review of application; issuance of permit in the absence of objections; copy of permits to county assessor.
• §22-6-12 Plats prerequisite to drilling or fracturing wells; preparation and contents; notice and information furnished to coal operators, owners or lessees; issuance of permits; performance bonds or
• §22-6-13 Notice to coal operators, owners or lessees and director of intention to fracture certain other wells; contents of such notice; bond; permit required.
• §22-6-14 Plats prerequisite to introducing liquids or waste into wells; preparation and contents; notice and information furnished to coal operators, owners or lessees and director; issuance of permit
• §22-6-15 Objections to proposed drilling of deep wells and oil wells; objections to fracturing; notices and hearings; agreed locations or conditions; indication of changes on plats, etc.; issuance of
• §22-6-16 Objections to proposed drilling or converting for introducing liquids or waste into wells; notices and hearings; agreed location or conditions; indication of changes on plats, etc.; issuance
• §22-6-17 Objections to proposed drilling of shallow gas wells; notice to chair of review board; indication of changes on plats; issuance of permits.
• §22-6-18 Protective devices -- When well penetrates workable coal bed; when gas is found beneath or between workable coal beds.
• §22-6-19 Same -- Continuance during life of well; dry or abandoned wells.
• §22-6-20 Same -- When well is drilled through horizon of coalbed from which coal has been removed.
• §22-6-21 Same -- Installation of fresh water casings.
• §22-6-22 Well log to be filed; contents; authority to promulgate rules.
• §22-6-23 Plugging, abandonment and reclamation of well; notice of intention; bonds; affidavit showing time and manner.
• §22-6-24 Methods of plugging well.
• §22-6-25 Introducing liquid pressure into producing strata to recover oil contained therein.
• §22-6-26 Performance bonds; corporate surety or other security.
• §22-6-27 Cause of action for damages caused by explosions.
• §22-6-28 Supervision by director over drilling and reclamation operations; complaints; hearings; appeals.
• §22-6-29 Operating permit and processing fund; special reclamation fund; fees.
• §22-6-30 Reclamation requirements.
• §22-6-31 Preventing waste of gas; plan of operation required for wasting gas in process of producing oil; rejection thereof.
• §22-6-32 Right of adjacent owner or operator to prevent waste of gas; recovery of cost.
• §22-6-33 Restraining waste.
• §22-6-34 Offenses; penalties.
• §22-6-35 Civil action for contamination or deprivation of fresh water source or supply; presumption.
• §22-6-36 Declaration of oil and gas notice by owners and lessees of coal seams.
• §22-6-37 Rules, orders and permits remain in effect.
• §22-6-38 Application of article; exclusions.
• §22-6-39 Injunctive relief.
• §22-6-40 Appeal from order of issuance or refusal of permit to drill or fracture; procedure.
• §22-6-41 Appeal from order of issuance or refusal of permit for drilling location for introduction of liquids or waste or from conditions of converting procedure.
• §22-7-1 Legislative findings and purpose.
• §22-7-2 Definitions.
• §22-7-3 Compensation of surface owners for drilling operations.
• §22-7-4 Common law right of action preserved; offsets.
• §22-7-5 Notification of claim.
• §22-7-6 Agreement; offer of settlement.
• §22-7-7 Rejection; legal action; arbitration; fees and costs.
• §22-7-8 Application of article.
• §22-8-1 Scope of article.
• §22-8-2 Duty of pipeline companies to accept and transport oil.
• §22-8-3 Oil of 35 degrees Baume at 60 degrees Fahrenheit; inspection, grading and measurement; receipt; deduction for waste.
• §22-8-4 Oil over 35 degrees Baume at 60 degrees Fahrenheit; inspection and measurement; loss.
• §22-8-5 Lien for charges.
• §22-8-6 Accepted orders and certificates for oil -- Negotiability.
• §22-8-7 Same -- Further provisions.
• §22-8-8 Dealing in oil without consent of owner.
• §22-8-9 Monthly statements.
• §22-8-10 Statements of amount of oil.
• §22-8-11 Penalty -- Wrongful issuance, sale or alteration of receipts, orders, etc.
• §22-8-12 Same -- Dealing in oil without consent of owner in interest.
• §22-8-13 Same -- Failure to make report and statement.
• §22-9-1 Definitions.
• §22-9-2 Filing of maps and data by persons operating or proposing to operate gas storage reservoirs.
• §22-9-3 Filing of maps and data by persons operating coal mines.
• §22-9-4 Notice by persons operating coal mines.
• §22-9-5 Obligations to be performed by persons operating storage reservoirs.
• §22-9-6 Inspection of facilities and records; reliance on maps; burden of proof.
• §22-9-7 Exemptions.
• §22-9-8 Alternative method.
• §22-9-9 Powers and duties of director.
• §22-9-10 Conferences, hearings and appeals.
• §22-9-11 Enforcement.
• §22-9-12 Penalties.
• §22-9-13 Orders remain in effect.
• §22-10-1 Short title.
• §22-10-2 Legislative findings; legislative statement of policy and purpose.
• §22-10-3 Definitions.
• §22-10-4 Financial responsibility -- Applicability.
• §22-10-5 Financial responsibility -- Amount.
• §22-10-6 Establishment of priorities for plugging expenditures.
• §22-10-7 Right of interested person to plug, replug and reclaim abandoned wells.
• §22-10-8 Arbitration; fees and costs.
• §22-10-9 Civil penalties.
• §22-10-10 Rule making; procedure; judicial review.
• §22-10-11 Existing rights and remedies preserved.
• §22-10-12 Provisions of article supplemental.
• §22-11-1 Short title.
• §22-11-2 Declaration of policy.
• §22-11-3 Definitions.
• §22-11-4 General powers and duties of director with respect to pollution
• §22-11-5 Water areas beautification; investigations; law enforcement.
• §22-11-6 Requirement to comply with standards of water quality and effluent limitations.
• §22-11-7 Cooperation with other governments and agencies.
• §22-11-7a Certification agreements; required provisions; effective date.
• §22-11-7b Water quality standards; implementation of antidegradation procedures.
• §22-11-8 Prohibitions; permits required.
• §22-11-9 Form of application for permit; information required.
• §22-11-10 Water quality management fund established; permit application fees; annual permit fees; dedication of proceeds; rules.
• §22-11-11 Procedure concerning permits required under article; transfer of permits; prior permits.
• §22-11-12 Inspections; orders to compel compliance with permits; service of orders.
• §22-11-13 Voluntary water quality monitors; appointment; duties; compensation.
• §22-11-14 Information to be filed by certain persons with division; tests.
• §22-11-15 Orders of director to stop or prevent discharges or deposits or take remedial action; service of orders.
• §22-11-16 Compliance with orders of director.
• §22-11-17 Power of eminent domain; procedures; legislative finding.
• §22-11-18 Duty to proceed with remedial action promptly upon receipt of permit; progress reports required; finances and funds.
• §22-11-19 Emergency orders.
• §22-11-20 Control by state as to pollution; continuing jurisdiction.
• §22-11-21 Appeal to environmental quality board.
• §22-11-22 Civil penalties and injunctive relief; administrative penalties.
• §22-11-23 Priority of actions.
• §22-11-24 Violations; criminal penalties.
• §22-11-25 Civil liability; Natural Resources Game Fish and Aquatic Life Fund; use of funds.
• §22-11-26 Exceptions as to criminal liabilities.
• §22-11-27 Existing rights and remedies preserved; article for benefit of state only.
• §22-11-28 Functions, services and reports of director of the division; obtaining information from others.
• §22-11-29 Reimbursement of response costs.
• §22-11-30 Chesapeake Bay Restoration Initiative.
• §22-11A-1 Legislative findings.
• §22-11A-2 Definitions.
• §22-11A-3 Prohibition of carbon dioxide sequestration without a permit; injection of carbon dioxide for the purpose of enhancing the recovery of oil or other minerals not subject to the provisions of
• §22-11A-4 General powers and duties of the secretary with respect to carbon dioxide sequestration.
• §22-11A-5 Permit application requirements and contents; permit application fees.
• §22-11A-6 Carbon dioxide sequestration working group.
• §22-11A-7 Reporting and accountability.
• §22-11A-8 Oil, natural gas and coalbed methane activities at carbon dioxide sequestration sites; extraction of sequestered carbon dioxide.
• §22-11A-9 Cooperative agreements.
• §22-12-1 Short title.
• §22-12-2 Legislative findings, public policy and purposes.
• §22-12-3 Definitions.
• §22-12-4 Authority of Secretary to promulgate standards of purity and quality.
• §22-12-5 Authority of other agencies; applicability.
• §22-12-6 Lead agency designation; additional powers and duties.
• §22-12-7 Groundwater coordinating committee; creation.
• §22-12-8 Groundwater certification.
• §22-12-9 Groundwater protection fees authorized; director to promulgate rules; dedication of fee proceeds; groundwater protection fund established; groundwater remediation fund established.
• §22-12-10 Civil and criminal penalties; civil administrative penalties; dedication of penalty proceeds; injunctive relief; enforcement orders; hearings.
• §22-12-11 Appeal procedures.
• §22-12-12 Rule-making petition.
• §22-12-13 Existing rights and remedies preserved; effect of compliance.
• §22-12-14 Effective dates of provisions subject to federal approval.
• §22-13-1 Short title.
• §22-13-2 Declaration of public policy.
• §22-13-3 Definitions.
• §22-13-4 Establishment of natural stream preservation system.
• §22-13-5 Designation of protected streams.
• §22-13-6 General powers and duties of director with respect to protected streams.
• §22-13-7 When permits required; when permits not to be issued.
• §22-13-8 Application for permit; form of application; information required; fees.
• §22-13-9 Procedure for issuance or denial of permit; transfer of permits.
• §22-13-10 Inspections; orders to compel compliance with permits; service of order.
• §22-13-11 Appeal to environmental quality board.
• §22-13-12 Actions to abate nuisances; injunctive relief.
• §22-13-13 Priority of actions.
• §22-13-14 Violations; criminal penalties.
• §22-13-15 Exceptions as to criminal liabilities.
• §22-14-1 Short title.
• §22-14-2 Legislative findings; intent and purpose of article.
• §22-14-3 Definition of terms used in article.
• §22-14-4 General powers and duties of director; maximum fee established for certificates of approval and annual registration.
• §22-14-5 Unlawful to place, construct, enlarge, alter, repair, remove or abandon dam without certificate of approval; application required to obtain certificate.
• §22-14-6 Plans and specifications for dams to be in charge of registered professional engineer.
• §22-14-7 Granting or rejecting applications for certificate of approval by division; publication of notice of application; hearing upon application.
• §22-14-8 Content of certificates of approval for dams; revocation or suspension of certificates.
• §22-14-9 Inspections during progress of work on dam.
• §22-14-10 Procedures for handling emergencies involving dams; remedial actions to alleviate emergency; payment of costs of remedial actions to be paid by dam owner.
• §22-14-11 Requirements for dams completed prior to effective date of this section.
• §22-14-12 Dam owner not relieved of legal responsibilities by any provision of article.
• §22-14-13 Offenses and penalties.
• §22-14-14 Enforcement orders; hearings.
• §22-14-15 Civil penalties and injunctive relief.
• §22-14-16 Schedule of application fees established.
• §22-14-17 Schedule of annual registration fees established.
• §22-14-18 Continuation of dam safety fund; components of fund.
• §22-14-19 Dam Safety Rehabilitation Revolving Fund established; disbursement of fund moneys.
• §22-14-20 Dam Safety Rehabilitation Revolving Fund program.
• §22-14-21 Collection of money due to the fund.
• §22-14-22 Authority of Department of Environmental Protection for deficient dams that are privately owned by a noncompliant dam owner.
• §22-15-1 Purpose and legislative findings.
• §22-15-2 Definitions.
• §22-15-3 Special provision for wood waste.
• §22-15-4 Authority of commissioner of bureau of public health.
• §22-15-5 Powers and duties; rules and rulemaking.
• §22-15-6 Fee for filing a certificate of site approval.
• §22-15-7 Special provision for residential solid waste disposal.
• §22-15-8 Limit on the size of solid waste facilities; rulemaking.
• §22-15-9 Exemption for solid waste facility handling in excess of thirty thousand tons per month.
• §22-15-10 Prohibitions; permits required.
• §22-15-11 Solid waste assessment fee; penalties.
• §22-15-12 Performance bonds; amount and method of bonding; bonding requirements; period of bond liability.
• §22-15-13 Pre-siting notice.
• §22-15-14 Limitations on permits; encouragement of recycling.
• §22-15-15 Orders, inspections and enforcement; civil and criminal penalties.
• §22-15-16 Appeal procedures.
• §22-15-17 Limited extension of solid waste facility closure deadline.
• §22-15-18 Condition on receiving permit.
• §22-15-19 Municipal and commercial solid waste incineration and backhauling prohibited; exceptions.
• §22-15-20 Sewage sludge management.
• §22-15-21 Waste tire management.
• §22-15-22 Sludge management.
• §22-15-23 Water treatment plant sludge.
• §22-15A-1 Legislative findings and purpose.
• §22-15A-2 Definitions.
• §22-15A-3 West Virginia litter control and recycling programs; transfer of programs and employees; additional duties of Secretary; grants to counties and municipalities; and rules relating thereto.
• §22-15A-4 Unlawful disposal of litter; civil and criminal penalty; litter control fund; evidence; notice violations; litter receptacle placement; penalty; duty to enforce violations.
• §22-15A-5 Litter pickup and removal; education; government recycling responsibilities; monitoring and evaluation; study commission; repeal; report to Legislature.
• §22-15A-6 Assistance to solid waste authorities.
• §22-15A-7 Pollution prevention and open dumps.
• §22-15A-8 Waste tires prohibited in certain places; penalty.
• §22-15A-9 Creation of the A. James Manchin Fund; proceeds from sale of waste tires; fee on issuance of certificate of title.
• §22-15A-10 Department to administer funds for waste tire remediation; rules authorized; duties of Secretary.
• §22-15A-11 Disposal of waste tires.
• §22-15A-12 Remediation; liability for remediation and court costs.
• §22-15A-13 Injunctive relief; additional remedy.
• §22-15A-14 Authority of Commissioner of Bureau for Public Health.
• §22-15A-15 Continuation of waste tire remediation program.
• §22-15A-16 Recycling goals.
• §22-15A-17 Recycling plans.
• §22-15A-18 Establishment of county recycling programs for solid waste; petition for referendum; ballot contents; election procedure; effect of such election.
• §22-15A-19 Recycling assessment fee; regulated motor carriers; dedication of proceeds; criminal penalties.
• §22-15A-20 Establishment of state recycling program for solid waste.
• §22-15A-21 Procurement of recycled products.
• §22-15A-22 Prohibition on the disposal of certain items; plans for the proper handling of said items required.
• §22-15A-23 Recycling facilities exemption.
• §22-15A-24 Covered manufacturers; prohibited sales; effective date.
• §22-15A-25 Manufacturer registration; registration fees; creating the Covered Electronic Devices Takeback Fund.
• §22-15A-26 Manufacturers' takeback programs.
• §22-15A-27 Civil actions and administrative fines; powers and duties of secretary.
• §22-15A-28 Retailer penalties.
• §22-15A-29 Rulemaking.
• §22-16-1 Legislative findings and purpose.
• §22-16-2 Definitions.
• §22-16-3 Commercial solid waste landfill closure assistance program.
• §22-16-4 Solid waste assessment fee; penalties.
• §22-16-5 Solid waste management board empowered to issue solid waste closure revenue bonds, renewal notes and refunding bonds; requirements and manner of such issuance.
• §22-16-6 Establishment of reserve funds, replacement and improvement funds and sinking funds; fiscal agent; purposes for use of bond proceeds; application of surplus.
• §22-16-7 Legal remedies of bondholders.
• §22-16-8 Bonds and notes not debt of state, county, municipality or of any political subdivision; expenses incurred pursuant to article.
• §22-16-9 Solid waste closure revenue bonds lawful investments.
• §22-16-10 Limitation on assistance.
• §22-16-11 Application for closure assistance.
• §22-16-12 Solid Waste Facility Closure Cost Assistance Fund; closure extension; reporting requirements.
• §22-16-13 Promulgation of rules by director.
• §22-16-14 Liability of owner or operator.
• §22-16-15 Procedures for handling remedial actions; payment of costs of remedial actions to be paid by owner or operator.
• §22-16-16 Right of entry.
• §22-16-17 Authority of director to accept grants and gifts.
• §22-16-18 Management and control of project.
• §22-17-1 Short title.
• §22-17-2 Declaration of policy and purpose.
• §22-17-3 Definitions.
• §22-17-4 Designation of division of environmental protection as the state underground storage tank program lead agency.
• §22-17-5 Powers and duties of director; integration with other acts.
• §22-17-6 Promulgation of rules and standards by director.
• §22-17-7 Underground storage tank advisory committee; purpose.
• §22-17-8 Notification requirements.
• §22-17-9 Registration requirements; undertaking activities without registration.
• §22-17-10 Financial responsibility.
• §22-17-11 Performance standards for new underground storage tanks.
• §22-17-12 Confidentiality.
• §22-17-13 Inspections, monitoring and testing.
• §22-17-14 Corrective action for underground petroleum storage tanks.
• §22-17-15 Administrative orders; injunctive relief; requests for reconsideration.
• §22-17-16 Civil penalties.
• §22-17-17 Public participation.
• §22-17-18 Appeal to environmental quality board.
• §22-17-19 Disclosures required in deeds and leases.
• §22-17-20 Appropriation of funds; underground storage tank administrative fund.
• §22-17-21 Leaking underground storage tank response fund.
• §22-17-22 Underground storage tank insurance fund.
• §22-17-23 Duplicative enforcement prohibited.
• §22-18-1 Short title.
• §22-18-2 Declaration of policy.
• §22-18-3 Definitions.
• §22-18-4 Designation of division of environmental protection as the state hazardous waste management lead agency.
• §22-18-5 Powers and duties of director; integration with other acts; establishment of study of hazardous waste management.
• §22-18-6 Promulgation of rules by director.
• §22-18-7 Authority and jurisdiction of other state agencies.
• §22-18-8 Permit process; undertaking activities without a permit.
• §22-18-9 Corrective action.
• §22-18-10 Public participation in permit process.
• §22-18-11 Transition program for existing facilities.
• §22-18-12 Confidential information.
• §22-18-13 Inspections; right of entry; sampling; reports and analyses; subpoenas.
• §22-18-14 Monitoring, analysis and testing.
• §22-18-15 Enforcement orders; hearings.
• §22-18-16 Criminal penalties.
• §22-18-17 Civil penalties and injunctive relief.
• §22-18-18 Imminent and substantial hazards; orders; penalties; hearings.
• §22-18-19 Citizen suits; petitions for rule making; intervention.
• §22-18-20 Appeal to environmental quality board.
• §22-18-21 Disclosures required in deeds and leases.
• §22-18-22 Appropriation of funds; Hazardous Waste Management Fund.
• §22-18-23 State program to be consistent with and equivalent to federal program.
• §22-18-24 Duplication of enforcement prohibited.
• §22-18-25 Financial responsibility provisions.
• §22-19-1 Findings; purpose.
• §22-19-2 Definitions.
• §22-19-3 Hazardous waste emergency response fund; components of fund.
• §22-19-4 Fee assessments; tonnage fees; due dates of payments; interest on unpaid fees.
• §22-19-5 Director's responsibilities; fee schedules; authorized expenditures; other powers of director; authorizing civil actions; assistance of attorney general or prosecuting attorney.
• §22-19-6 State hazardous waste contingency plan
• §22-20-1 Appointment of environmental advocate; powers and duties; salary.
• §22-20-2 Continuation of environmental advocate.
• §22-21-1 Declaration of public policy; legislative findings.
• §22-21-2 Definitions.
• §22-21-3 Application of article; exclusions; application of chapter twenty-two-b to coalbed methane wells.
• §22-21-4 Chief; powers and duties generally.
• §22-21-5 Duties of the Coalbed Methane Review Board; meetings; notice, powers and duties generally.
• §22-21-6 Permit required for coalbed methane well; permit fee; application; soil erosion control plan; penalties.
• §22-21-7 Consent and agreement of coal owner or operator.
• §22-21-8 Performance bonds; corporate surety or other security.
• §22-21-9 Notice to owners.
• §22-21-10 Procedure for filing comments.
• §22-21-11 Objections or comments to coalbed methane wells by coal owner or operator; hearings.
• §22-21-12 Review of application; issuance of permit in the absence of objections; copy of permits to county assessor.
• §22-21-13 Review board hearing; findings; order.
• §22-21-14 Protective devices required when a coalbed methane well penetrates workable coalbed; when a coalbed methane well is drilled through horizon of coalbed from which coal has been removed; notic
• §22-21-15 Drilling units and pooling of interests.
• §22-21-16 Notice to owners.
• §22-21-17 Review of application; hearing; pooling order; spacing; operator; elections; working interests, royalty interests, carried interests, escrow account for conflicting claims, division order.
• §22-21-18 Operation on drilling units.
• §22-21-19 Validity of unit agreements.
• §22-21-20 Spacing.
• §22-21-21 Dry or abandoned wells.
• §22-21-22 Notice of plugging and reclamation of well; right to take well; objection; plugging order; plugging for mine-through.
• §22-21-23 Method of plugging.
• §22-21-24 Existing mining rights.
• §22-21-25 Judicial review; appeal to supreme court of appeals; legal representation for review board.
• §22-21-26 Limitation on actions in trespass.
• §22-21-27 Injunctive relief.
• §22-21-28 Penalties.
• §22-21-29 Construction.
• §22-22-1 Legislative findings; legislative statement of purpose.
• §22-22-2 Definitions.
• §22-22-3 Rule-making authority of the director.
• §22-22-4 Voluntary remediation program; eligibility application and fee; information available to public; confidentiality of trade secrets; information; criminal penalties; requirements of site assess
• §22-22-5 Brownfield application; remediation process; brownfield remediation; eligibility; application; remediation loan; and obtaining information from director.
• §22-22-6 Voluntary remediation administrative fund established; voluntary remediation fees authorized; brownfields revolving fund established; disbursement of funds moneys; employment of specialized p
• §22-22-7 Voluntary remediation agreement; required use of licensed remediation specialist; required provisions of a voluntary remediation agreement; failure to reach agreement; appeal to the environ
• §22-22-8 Voluntary remediation work plans and reports.
• §22-22-9 Termination of agreement; cost of recovery; legal actions.
• §22-22-10 Inspections; right of entry; sampling; reports and analyses.
• §22-22-11 Licensed remediation specialist, licensure procedures.
• §22-22-12 Enforcement orders for licensed remediation specialists; cease and desist order; criminal penalties.
• §22-22-13 Certificate of completion.
• §22-22-14 Land-use covenant; criminal penalties.
• §22-22-15 Reopeners.
• §22-22-16 Duty of assessor and citizens to notify director when change of property use occurs.
• §22-22-17 Public notification for brownfields.
• §22-22-18 Environmental liability protection.
• §22-22-19 Establishing and limiting the responsibilities of remediation contractors.
• §22-22-20 Affirmative defenses.
• §22-22-21 Savings clause.
• §22-22A-1 Short title.
• §22-22A-2 Definitions.
• §22-22A-3 Exemption from liability.
• §22-22B-1 Short title.
• §22-22B-2 Definitions.
• §22-22B-3 Nature of rights; subordination of interests.
• §22-22B-4 Contents of environmental covenant.
• §22-22B-5 Validity; effect on other instruments.
• §22-22B-6 Relationship to other land-use law.
• §22-22B-7 Notice.
• §22-22B-8 Recording.
• §22-22B-9 Duration; amendment by court action.
• §22-22B-10 Amendment or termination by consent.
• §22-22B-11 Enforcement of environmental covenant.
• §22-22B-12 Uniformity of application and construction.
• §22-22B-13 Relation to Electronic Signatures in Global and National Commerce Act.
• §22-22B-14 Severability.
• §22-23-1 Findings and purposes
• §22-23-2 Restrictions on state rules related to greenhouse gas emissions.
• §22-23A-1 Findings.
• §22-23A-2 Requiring department of environmental protection to refrain from implementing or adopting rules or making certain commitments absent legislative approval; reporting required.
• §22-24-1 Legislative findings, intent and purpose.
• §22-24-2 Definitions.
• §22-24-3 Loan application requirements.
• §22-24-4 Loan conditions.
• §22-24-5 Small business environmental revolving loan account.
• §22-24-6 Loan processing.
• §22-25-1 Legislative findings.
• §22-25-2 Purpose.
• §22-25-3 Definitions.
• §22-25-4 Powers and duties of the department.
• §22-25-5 Eligibility and application requirements.
• §22-25-6 Application review and authority to enter into environmental performance agreement.
• §22-25-7 Judicial review of department decision on acceptance of application to participate in the environmental excellence program.
• §22-25-8 Withdrawal, enforcement and termination from the program.
• §22-25-9 Incentives.
• §22-25-10 Environmental performance agreements; contents, and specifications.
• §22-25-11 Recovery of costs to department in developing, negotiating and publicizing environmental performance agreement; deposition of moneys collected; creation of environmental excellence program a
• §22-25-12 Public participation.
• §22-25-13 Review and repeal of the environmental excellence program.
• §22-26-1 Short title; legislative findings.
• §22-26-2 Definitions.
• §22-26-3 Waters claimed by state; water resources protection survey; registration requirements; agency cooperation; information gathering.
• §22-26-4 Confidentiality.
• §22-26-5 Joint Legislative Oversight Commission on State Water Resources.
• §22-26-6 Mandatory survey and registration compliance.
• §22-26-7 Secretary authorized to log wells; collect data.
• §22-26-8 State Water Resources Management Plan; powers and duty of secretary.
• §22-26-9 Regional water resources management plans; critical planning areas.
• §22-27-1 Declaration of policy and purpose.
• §22-27-2 Legislative findings.
• §22-27-3 Definitions.
• §22-27-4 Eligibility and project inventory.
• §22-27-5 Landowner liability limitation and exceptions.
• §22-27-6 Project sponsor liability limitation and exceptions.
• §22-27-7 Permits and zoning.
• §22-27-8 Relationship to federal and state programs.
• §22-27-9 General permits.
• §22-27-10 Exceptions.
• §22-27-11 Water supply replacement.
• §22-27-12 Rules.
• §22-28-1 Legislative findings.
• §22-28-2 Definitions.
• §22-28-3 Creation of community infrastructure investment project; certificate of appropriateness; rule-making authority.
• §22-28-4 Community infrastructure investment agreements; report to Joint Committee on Government and Finance.
• §22-28-5 Authority of the Department of Environmental Protection and Division of Health not affected.
• §22-28-6 Time for approval.
• §22-28-7 Fees.
• §22-28-8 Exemption from Public Service Commission approval.
• §22-28-9 Rule-making authority.