West Virginia Code 22-27-4 – Eligibility and project inventory
(a) General rule. — An eligible landowner or eligible project sponsor who voluntarily provides equipment, materials or services at no charge or at cost for a reclamation project or a water pollution abatement project in accordance with the provisions of this article is immune from civil liability and may raise the protections afforded by the provisions of this article in any subsequent legal proceeding which is brought to enforce environmental laws or otherwise impose liability. An eligible landowner or eligible project sponsor is only entitled to the protections and immunities provided by this article after meeting all eligibility requirements and compliance with a detailed written plan of the proposed reclamation project or water pollution abatement project which is submitted to and approved by the department. The project plan shall include the objective of the project and a description of the work to be performed to accomplish the objective and shall, additionally, identify the project location, project boundaries, project participants and all landowners.
Terms Used In West Virginia Code 22-27-4
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Department: means the West Virginia Department of Environmental Protection. See West Virginia Code 22-27-3
- Eligible landowner: means a landowner that provides access to or use of the project work area at no cost for a reclamation or water pollution abatement project who is not or will not become responsible under state or federal law to reclaim the land or address the water pollution existing or emanating from the land. See West Virginia Code 22-27-3
- Eligible project sponsor: means a person that provides equipment, materials or services at no cost or at cost for a reclamation or water pollution abatement project who is not or will not become responsible under state or federal law to reclaim the land or address the water pollution existing or emanating from the land. See West Virginia Code 22-27-3
- Landowner: means a person who holds either legal or equitable interest in real property. See West Virginia Code 22-27-3
- Person: means a natural person, partnership, association, association members, corporation, an agency, instrumentality or entity of federal or state government or other legal entity recognized by law as the subject of rights and liabilities. See West Virginia Code 22-27-3
- Reclamation project: means the restoration of eligible land to productive use by regrading and revegetating the land to stable contours that blend in and complement the drainage pattern of the surrounding terrain with no highwalls, spoil piles or depressions to accumulate water, or to decrease or eliminate discharge of water pollution. See West Virginia Code 22-27-3
- 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
- Water pollution: means the man-made or man-induced alteration of the chemical, physical, biological and radiological integrity of water located in the state. See West Virginia Code 22-27-3
- Water pollution abatement project: means a plan for treatment or abatement of water pollution located on eligible lands. See West Virginia Code 22-27-3
(b) Notice. — The department shall give written notice by certified mail to adjacent property owners and riparian land owners located downstream of the proposed project, provide Class IV public notice of the proposed project in a newspaper of general circulation, published in the locality of the proposed project, and shall give public notice in the state register. The project sponsor may also provide public notice. Any person having an interest which may be adversely affected by the proposed project has the right to file written objections to the department within thirty days after receipt of the written notice or within thirty days after the last publication of the Class IV notice. The department shall provide to the project sponsor a copy of each written objection received during the public comment period, which shall conclude at the expiration of the applicable thirty-day period provided for in this section.
(c) Advice. — The department may provide advice to the landowner or to other interested persons based upon the department's knowledge and experience in performing reclamation projects and water pollution abatement projects.
(d) Departmental review. — The department shall review each proposed reclamation project and approve the project if the department determines the proposed project:
(1) Will result in the appropriate reclamation and regrading of the land according to all applicable laws and regulations;
(2) Will result in the appropriate revegetation of the site;
(3) Is not likely to result in pollution as defined in article eleven of this chapter; and
(4) Is likely to improve the water quality and is not likely to make the water pollution worse.
(e) Project inventory. — The department shall develop and maintain a system to inventory and record each project, the project location and boundaries, each landowner and each person identified in a project plan provided to the department. The inventory shall include the results of the department's review of the proposed project and, where applicable, include the department's findings under subsection (b), section ten of this article.
(f) Appeal. — A person aggrieved by a department decision to approve or disapprove a reclamation project or a water pollution abatement project has the right to file an appeal with the environmental quality board under the provisions of article one, chapter twenty-two-b of this code.