West Virginia Code 22-4-4 – Director of the Division of Environmental Protection; powers and duties
The Director of the Division of Environmental Protection is vested with jurisdiction over all aspects of quarrying and with jurisdiction and control over land, water and soil aspects pertaining to quarry operations, and the restoration and reclamation of quarries and areas affected thereby. This article does not address coal mining activities unless covered by subdivision (2), subsection (u), section three, article three of this chapter.
Terms Used In West Virginia Code 22-4-4
- Director: means the director of the Division of Environmental Protection and his or her authorized agents. See West Virginia Code 22-4-3
- Division: means the Division of Environmental Protection. See West Virginia Code 22-4-3
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Quarrying: means any breaking of the ground surface in order to facilitate the extraction of minerals. See West Virginia Code 22-4-3
- Reclamation: means returning disturbed areas to a stable condition which does not create health or safety hazards or adverse environmental impact, and when appropriate or required by permit, returning disturbed quarry areas to a designated postmining land use. See West Virginia Code 22-4-3
- 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
In addition to any other powers or duties heretofore or hereinafter granted, the director has the following powers and duties:
(a) To control and exercise regulatory authority over all quarry operations in this state and enforce the provisions of this article;
(b) To employ all necessary personnel to carry out the purposes and requirements of this article;
(c) To propose any necessary legislative rules, in accordance with the provisions of chapter twenty-nine-a of this code to implement the provisions of this article; and
(d) To make investigations and inspections necessary to ensure compliance with the provisions of this article.
(e) Nothing in this article may be construed as vesting in the director the jurisdiction to adjudicate property-rights disputes.