West Virginia Code 22-25-6 – Application review and authority to enter into environmental performance agreement
(a) The secretary shall review all completed applications within a reasonable period of time. If the secretary determines that the application meets the requirements for the program, the secretary shall notify the applicant in writing, and the application shall be incorporated into a written agreement. If the secretary determines the application does not meet the requirements of the program, the secretary shall notify the applicant in writing and shall provide an adequate opportunity for the applicant to address the outstanding items.
Terms Used In West Virginia Code 22-25-6
- Environmental laws: means the following articles of chapter twenty-two of the Code of West Virginia, two thousand two, as amended: Four, five, eleven, twelve, fifteen, sixteen, seventeen and eighteen and legislative rules adopted under one of those articles, or a policy, rule, permit, license, other approval or order issued by the department under one of those articles. See West Virginia Code 22-25-3
- 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
- Environmental performance agreement: means an agreement entered into between the department and a participant of the program that specifies the participant'. See West Virginia Code 22-25-3
- in writing: includes any representation of words, letters, or figures, whether by printing, engraving, writing, or otherwise. See West Virginia Code 2-2-10
- 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
(b) The secretary may enter into one or more agreements with a participant as necessary to implement the provisions of this article. The agreement shall describe the requirements for continued participation and incentives to be provided to the participant.
(c) The secretary shall not enter into any environmental performance agreement that would:
(1) Violate or waive any specific statutory provision;
(2) Waive any federal regulation, unless specifically authorized by the federal government;
(3) Result in an increase in emissions, discharges, or other releases above those allowable under the otherwise applicable regulatory requirements; or
(4) Address past or ongoing violations or noncompliance by a qualified applicant.
(d) The following documents shall be made available for public review:
(1) The application, including documentation of compliance with environmental laws and permits applicable to the facility over the last three years, information regarding an appropriate environmental management system, a description of the current status of proposed performance indicators, and an outline of the measures by which the program will be evaluated;
(2) The executive's determination regarding their application; and
(3) The agreement described in subsections (a) and (b) of this section.