West Virginia Code of State Rules Agency 60 - Environmental Protection - Secretary's Office
West Virginia Code of State Rules
Agency 60 – Environmental Protection - Secretary’s Office
Overview
Agency 60 constitutes the Secretary's Office of the West Virginia Department of Environmental Protection (WVDEP). It provides the administrative, regulatory, and policy framework for environmental protection activities in the state, including air and water quality, waste management, land reclamation, and enforcement of environmental laws.
The Secretary's Office acts as the central executive authority overseeing all WVDEP divisions and programs, ensuring compliance with state and federal environmental statutes, such as the West Virginia Environmental Conservation Act and federal laws like the Clean Air Act and Clean Water Act.
Key Purposes of Agency 60
Coordinate and administer statewide environmental policies and programs.
Implement regulatory authority granted by state environmental statutes.
Oversee permitting, inspection, and enforcement activities.
Serve as liaison with federal agencies (EPA, etc.).
Facilitate public participation and transparency in environmental decisions.
Administer environmental grants and initiatives.
Major Areas Covered by Agency 60
1. Regulatory Oversight and Permitting
Development and enforcement of environmental regulations.
Issuance, modification, and revocation of permits for air emissions, water discharges, and waste disposal.
Setting environmental standards and compliance schedules.
2. Enforcement and Compliance
Investigation of alleged violations.
Issuance of notices of violation, administrative orders, and penalties.
Authority to seek injunctions and civil penalties.
3. Public Participation and Hearings
Procedures for public notice and comment on permits and rulemakings.
Formal hearing procedures for contested cases.
Access to records under state open government laws.
4. Interagency and Federal Coordination
Collaboration with the Environmental Protection Agency (EPA).
Ensuring state programs meet or exceed federal minimum requirements.
Reporting and compliance documentation for federal grants.
5. Administrative Functions
Budgeting, personnel, and organizational management of the WVDEP.
Strategic planning for environmental protection.
Training and education initiatives for staff and the public.
Relevant Rules Examples
60-1: General provisions, definitions, and scope of agency authority.
60-2: Procedures for permitting and compliance enforcement.
60-3: Administrative hearing processes and appeals.
60-4: Public participation and transparency requirements.
Relevant Case Law
Cases involving Agency 60 often relate to enforcement actions, permitting disputes, and procedural challenges under West Virginia environmental law.
1. West Virginia Highlands Conservancy v. West Virginia Department of Environmental Protection, 223 W.Va. 735 (2010)
Facts: Environmental group challenged issuance of a water discharge permit by the Secretary’s Office, alleging insufficient public notice and inadequate environmental review.
Holding: The court held that the Secretary’s Office must comply strictly with public participation requirements and environmental review standards under state law.
Significance: Reinforces procedural safeguards for environmental permitting.
2. State ex rel. Office of Environmental Advocate v. West Virginia Department of Environmental Protection, 221 W.Va. 123 (2007)
Facts: Challenge to the enforcement authority exercised by the Secretary’s Office in issuing penalty orders for air quality violations.
Holding: The court upheld the Secretary’s discretionary authority to impose penalties, emphasizing the importance of enforcement in protecting public health.
Significance: Affirms broad enforcement powers of the Secretary’s Office under state environmental statutes.
3. Coal River Mountain Watch v. West Virginia Department of Environmental Protection, 226 W.Va. 37 (2011)
Facts: Citizen group contested the adequacy of environmental impact statements associated with mountaintop removal permits overseen by Agency 60.
Holding: Court ruled that the Secretary’s Office must ensure full compliance with environmental impact analysis before permit approval.
Significance: Highlights the agency’s duty to enforce environmental protection in permitting decisions.
4. Appalachian Power Co. v. West Virginia Department of Environmental Protection, 224 W.Va. 299 (2010)
Facts: Utility company contested permit conditions imposed by the Secretary’s Office relating to air emissions.
Holding: The court found the conditions reasonable and within the agency’s authority to safeguard air quality.
Significance: Demonstrates the agency’s discretion in balancing economic and environmental concerns.
Practical Implications
For Regulated Entities: Must adhere to permitting requirements, comply with inspections, and respond timely to enforcement actions.
For Environmental Advocates: Can engage in public participation processes and challenge agency decisions in court.
For the Public: Ensures transparency and involvement in environmental decision-making affecting health and natural resources.
For the Agency: Requires robust administration of complex environmental programs and enforcement authority.
Summary Table
| Area | Description |
|---|---|
| Scope | Regulatory oversight and administration of WV environmental laws |
| Permitting | Issuance and enforcement of environmental permits |
| Enforcement | Penalties, orders, and compliance monitoring |
| Public Participation | Notice, hearings, and transparency measures |
| Coordination | Work with EPA and other agencies |
| Administration | Budget, personnel, and strategic planning |
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