West Virginia Code 22-25-4 – Powers and duties of the department
(a) Within one year after the effective date of this section, the secretary, after consultation with representatives from the regulated community, local governments, environmental advocacy groups and other interested citizens, shall develop and implement a voluntary environmental excellence program in accordance with this article. The secretary shall propose legislative rules for promulgation in accordance with article three, chapter twenty-nine-a of this code necessary to establish and implement all necessary program elements for the environmental excellence program as established in this article. Such program elements shall include, but are not limited to, the following criteria:
Terms Used In West Virginia Code 22-25-4
- Environmental management system: means a formal set of voluntary procedures and policies used to evaluate environmental performance and to achieve measurable or noticeable improvements in that environmental performance through planning and changes in operations, based on a commitment to superior environmental performance. See West Virginia Code 22-25-3
- Participant: means a qualified applicant that has been admitted into the environmental excellence program through the execution of an environmental performance agreement with the department. See West Virginia Code 22-25-3
- Program: means the environmental excellence program created pursuant to this article. See West Virginia Code 22-25-3
- Qualified applicant: means any regulated or nonregulated facility of a government entity, corporation, partnership, sole proprietorship, municipality, county, city and county, or special district located and doing business in this state that meets the requirements for participation in the program set forth by this article. See West Virginia Code 22-25-3
- Secretary: means the secretary of the Department of Environmental Protection. See West Virginia Code 22-25-3
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
- Superior environmental performance: means environmental performance that results in measurable or discernable improvement in the quality of the air, water, land or natural resources or in the protection of the ecosystem beyond that which is actually being achieved by the qualified applicant under compliance with current environmental laws. See West Virginia Code 22-25-3
(1) Participation and entry into the program;
(2) Public involvement;
(3) Environmental management system;
(4) Commitment to superior environmental performance;
(5) Communication of program results to the public; and
(6) Incentives.
(b) In establishing the environmental excellence business program, the secretary may establish classes, categories, or tiers of environmental performance agreements as the secretary considers appropriate, taking into consideration the diversity of businesses and industries in the state, the impact these entities may have on the environment, and the incentives sought by the qualified applicant.
(c) The secretary may negotiate with federal regulatory agencies to obtain authority to grant incentives under federal regulatory programs.
(d) Participation in the program by any participant is voluntary and is subject to review every three years.