West Virginia Code 22-32-7 – Rulemaking
The Department of Environmental Protection (DEP) may promulgate such emergency, interpretive, legislative, and procedural rules as the secretary deems to be useful or necessary to carry out the purpose of this article and to implement the intent of the Legislature in accordance with the provisions of § 29A-3-1 et seq. of this code, prescribing:
Terms Used In West Virginia Code 22-32-7
- Bond: means a surety bond or any other arrangement, including but not limited to letters of credit and escrow accounts, that represent a financial guarantee from the owner of a wind generation facility or solar generation facility to meet decommissioning requirements as established in this Act. See West Virginia Code 22-32-3
- Owner: means a person who owns a wind generation or solar generation facility operated in West Virginia for the generation of electricity. See West Virginia Code 22-32-3
- Secretary: means the Secretary of the Department of Environmental Protection. See West Virginia Code 22-1-2
- Solar generation facility: means an installation or combination of solar panels or plates, including a canopy or array, and other associated property, including appurtenant land, improvements, and personal property, that are normally operated together to capture and convert solar radiation to produce electricity, including flat plate, focusing solar collectors, or photovoltaic solar cells, and that has a nameplate capacity, singularly or in the aggregate, greater than or equal to 1. See West Virginia Code 22-32-3
- Wind generation facility: means any combination of a physically connected wind turbine or turbines, associated prime movers, and other associated property, including appurtenant land, improvements, and personal property, that are normally operated together to produce electric power from wind and that have a nameplate capacity, singularly or in the aggregate, greater than or equal to 1. See West Virginia Code 22-32-3
(a) Standards and procedures for reclamation, submission of applications and agreements, and reasonable bonds with good and sufficient surety by the owners of wind generation facilities and solar generation facilities;
(b) The collection of fees and penalties in accordance with this article;
(c) Criteria and the process for releasing a bond in accordance with this article;
(d) The DEP’s use of a bond in the event that the owner of a wind generation facility or solar generation facility fails to decommission a wind generation facility or solar generation facility;
(e) Information required by the department to determine bond requirements in accordance with this article; and
(f) Any additional requirements to ensure compliance with this article.