W. Va. Code R. § 47-30-15

Current through Register Vol. XLI, No. 45, November 8, 2024

Section 47-30-15 - Enforcement

15.1. General. The provisions of this rule may be enforced by all of the applicable provisions in W. Va. Code § 22-11-3, including:

15.1.a. Orders or notices issued by the Secretary in accordance with W. Va. Code §§ 22-11-11, 12, 15 and 19;

15.1.b. Civil penalties appropriate to the violation and injunctive relief in accordance with W. Va. Code § 22-11-22; and

15.1.c. Criminal penalties in accordance with W. Va. Code § 22-11-24.

15.2. Citizen Participation. The Secretary shall provide for public participation in enforcement by the following:

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

15.2.b. Not opposing intervention by any citizen in an Article 11 proceeding when permissive intervention is authorized by statute or rule; and

15.2.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 under Article 11 or consent order issued by the West Virginia Environmental Quality 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 Secretary shall consider all comments received during the thirty-day period.

W. Va. Code R. § 47-30-15