22-25-1 Legislative findings
22-25-2 Purpose
22-25-3 Definitions
22-25-4 Powers and duties of the department
22-25-5 Eligibility and application requirements
22-25-6 Application review and authority to enter into environmental performance agreement
22-25-7 Judicial review of department decision on acceptance of application to participate in the environmental excellence program
22-25-8 Withdrawal, enforcement and termination from the program
22-25-9 Incentives
22-25-10 Environmental performance agreements; contents, and specifications
22-25-11 Recovery of costs to department in developing, negotiating and publicizing environmental performance agreement; deposition of moneys collected; creation of environmental excellence program administrative fund
22-25-12 Public participation

Terms Used In West Virginia Code > Chapter 22 > Article 25 - Environmental Excellence Program

  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Department: means the Department of Environmental Protection. See West Virginia Code 22-25-3
  • Environmental goals: means the environmental performance objectives proposed by a qualified applicant that demonstrates superior environmental performance and which may support variances from environmental laws. See West Virginia Code 22-25-3
  • 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 management system audit: means a systematic and documented third party verification process of evaluating whether an organization'. 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
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • 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
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Pollution prevention: means any practice that reduces the use of any hazardous substance or amount of a pollutant or contaminant prior to reuse, recycling, treatment, or disposal, and reduces the hazards to public health and the environment associated with the use and release of hazardous substances, pollutants or contaminants. 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
  • Source reduction: includes equipment or technology modifications, process or procedure modifications, reformulation or redesign of products, substitution of raw materials, and improvements in housekeeping, maintenance, training or inventory control. 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