Current through Register Vol. XLI, No. 37, September 13, 2024
Section 38-10-1 - General1.1.Scope - This Interpretive rule governs and controls the qualifications, powers, and duties of the position of Environmental Advocate within the Division of Environmental Protection.1.2.Authority - West Virginia Code § 22-1-3, 22-1-3a, 22-201.3.Filing Date - December 9, 19941.5. Incorporation by Reference - Federal CounterpartRegulations - The Director has determined that there is no counterpart federal regulation. Due to the absence of a counterpart federal regulation, a detertmination of whether or not to incorporate by reference is not required, and the Director is not required to consult with the Environmental Protection Advisory Council on this rule.1.6.Determination of Stringency - Federal Counterpart Regulations - The Director has determined that there is no counterpart federal regulation, and that the absence of a federal regulation is not the result of a specific federal exemption. This rule is not construed to be more or less stringent than federal regulations.1.7.Constitutional Takings Determination - The Director has determined and does state that this rule does not constitute a constitutional taking of real property.