West Virginia Code 22-33-7 – Jurisdiction of the secretary; powers and duties; geothermal resources regulatory program
(a) The secretary is vested with jurisdiction over all aspects of this article and has the exclusive authority to perform all acts necessary to implement this article.
Terms Used In West Virginia Code 22-33-7
- 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.
- Secretary: means the Secretary of the Department of Environmental Protection or his or her designee as provided in article one of this chapter. See West Virginia Code 22-33-5
- 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
(b) The secretary shall develop a regulatory program for the exploration, development, and production of geothermal resources in this state. The regulatory program promulgated by the secretary shall include, but not be limited to, the following:
(1) Application for a permit on a form prescribed by the secretary and containing any information the secretary considers is necessary to issue a decision on the permit application;
(2) A procedure for reviewing a permit application and issuance of decision to grant or deny a permit;
(3) A procedure allowing the public to comment on a permit application prior to issuance of a decision by the secretary;
(4) A permit term not to exceed five years;
(5) A procedure to renew or modify permits on forms prescribed by the secretary and containing any information the secretary considers is necessary to issue a decision on the renewal or modification;
(6) Fees for permit applications and for permit renewals and modifications;
(7) A procedure to suspend or revoke permits;
(8) Standards for developing, drilling, plugging, and reclaiming well sites;
(9) Guidelines for the safe disposal of spent geothermal fluids and other unusable or contaminated fluids generated in the production of geothermal resources;
(10) Standards to ensure protection of all water resources of this state; and
(11) Inspections and investigations to ensure compliance with any provision in this article or rule or permit or order issued by the secretary.