W. Va. Code R. § 47-10-16

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 47-10-16 - Enforcement

16.1. General. -- The provisions of this series may be enforced by all of the applicable provisions of the State Act, including:

16.1.a. Orders issued by the Director in accordance with W. Va. Code '' 22-11-11, 22-11-12, 22-11-15, and 22-11-19;

16.1.b. Civil penalties and injunctive relief in accordance with W. Va. Code '22-11-22; and

16.1.c. Criminal penalties in accordance with W. Va. Code '22-11-24.

16.2. Citizen participation. -- The Director shall provide for public participation in enforcement by the following:

16.2.a. Investigating and providing a written response to all signed, written complaints from citizens;

16.2.b. Not opposing intervention by any citizen when permissive intervention is authorized by statute or rule; and

16.2.c. Publishing notice in a newspaper of general circulation in the county in which the discharge is located at least thirty (30) days prior to the final settlement of any civil action or consent order issued by the Board. This notice will identify the person discharging, the specific enforcement action to be taken, and the name and address where information on the proposed settlement can be obtained. The Director shall consider all comments received during the thirty (30) day period.

W. Va. Code R. § 47-10-16