Current through Register Vol. XLI, No. 44, November 1, 2024
Section 47-5A-8 - Enforcement of Certification Provisions8.1. Because certification conditions are considered terms or conditions of the federal permit sought, they are subject to the enforcement mechanisms available for enforcing the federal license or permit to which they attach. In addition the enforcement mechanisms available under W. Va. Code §§ 22-1-3(a), 22-11-24, and 22-11-25 may also apply.8.2. If a permittee undertakes activities prior to or without applying for certification, the Department may issue an after-the-fact certification. Any mitigation or compensation required as an after-the-fact certification may be at a rate of up to 125% of the original calculated mitigation or compensation requirement.