W. Va. Code R. § 47-1-3

Current through Register Vol. XLI, No. 37, September 13, 2024
Section 47-1-3 - Applicability of the Rule
3.1. Upon discovery of a violation, through whatever means, of the Water Pollution Control Act or the rules promulgated pursuant thereto, the Secretary may, at his discretion, choose to institute administrative proceedings pursuant to the Act and this rule to resolve the alleged violation.
3.2. Not a Waiver. -- Nothing in this rule shall be construed as limiting the ability of the Secretary to pursue a civil action for any violation of the Act or its rules should the agency and the responsible party be unable to reach settlement of the alleged violations pursuant to the procedures set forth in this Rule. The Secretary is under no requirement to institute administrative proceedings prior to taking any other lawful action pursuant to the Act or its rules.

W. Va. Code R. § 47-1-3