(a) The Department of Environmental Protection shall conduct an environmental review on each project funded under this article. The Secretary of the Department of Environmental Protection shall promulgate legislative rules in accordance with the provisions of § 29A-3-1 et seq. of this code to implement the environmental review of funded projects: Provided, That the rules shall be consistent with the regulations promulgated by the United States Environmental Protection Agency pursuant to the federal Safe Drinking Water Act, 42 U.S.C. § 300f through § 300j-27, inclusive, as amended.

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Terms Used In West Virginia Code 22-36-7

  • Federal Safe Drinking Water Act: means the federal statute commonly known as the Safe Drinking Water Act, 42 U. See West Virginia Code 22-36-1
  • Judgment: includes decrees and orders for the payment of money, or the conveyance or delivery of land or personal property, or some interest therein, or any undertaking, bond or recognizance which has the legal effect of a judgment. See West Virginia Code 2-2-10
  • Local entity: means any municipality, public utility, or person, including any individual, firm, partnership, association, not-for-profit corporation, or other corporation organized and existing under the laws of the state which may construct and operate an eligible project. See West Virginia Code 22-36-1
  • Project: means a project for improving a drinking water system for the purpose of achieving or maintaining compliance with applicable state and federal drinking water regulations. See West Virginia Code 22-36-1
  • Secretary: means the Secretary of the Department of Environmental Protection. See West Virginia Code 22-1-2

(b) The Secretary of the Department of Environmental Protection is authorized to direct a local entity, or its agent, to implement all measures that, in the judgment of the secretary, are necessary in order to mitigate or prevent adverse impacts to the public health, safety, or welfare or to the environment that may result from a project funded under this article. The secretary is further authorized to require all projects to comply with all other appropriate federal laws and regulations that are required of the projects under the Federal Safe Drinking Water Act, 42 U.S.C. § 300f through § 300j-27, inclusive, as amended.