West Virginia Code 22-27-10 – Exceptions
(a) General rule. — Any person who under existing law shall be or may become responsible to reclaim the land or treat or abate the water pollution or any person who for consideration or who receives some other benefit through a contract or any person who through a consent order and agreement or is ordered to perform or complete reclamation or treat or abate water pollution as well as a surety which provided a bond for the site is not eligible nor may receive the benefit of the protections and immunities available under this article.
Terms Used In West Virginia Code 22-27-10
- Consideration: means something of value promised, given or performed in exchange for something which has the effect of making a legally enforceable contract. See West Virginia Code 22-27-3
- Contract: A legal written agreement that becomes binding when signed.
- Department: means the West Virginia Department of Environmental Protection. See West Virginia Code 22-27-3
- in writing: includes any representation of words, letters, or figures, whether by printing, engraving, writing, or otherwise. See West Virginia Code 2-2-10
- 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
- Project work area: means that land necessary for a person to complete a reclamation project or a water pollution abatement project. 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
- 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) Projects near mining or coal refuse sites. — This article does not apply to a reclamation project or a water pollution abatement project that is located adjacent to, hydrologically connected to or in close proximity to a site permitted under articles two, three or four of this chapter unless:
(1) The reclamation project or water pollution abatement project is submitted to the department in writing before the project is started; and
(2) The department finds:
(A) The reclamation project or the water pollution abatement project will not adversely affect the permittee's obligations under the permit and the applicable law;
(B) The activities on the project work area cannot be used by the permittee to avoid the permittee's reclamation or water pollution treatment or abatement obligations; and
(3) The department issues a written notice of its findings and the approval of the project.
(c) Projects in lieu of civil or administrative penalties. — This article shall not apply to a reclamation project or a water pollution abatement project that is performed in lieu of paying civil or administrative penalties.