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
1. Overview and Purpose
Agency 60 is part of the West Virginia Department of Environmental Protection (WVDEP), specifically representing the Secretary’s Office, which functions as the executive administrative branch overseeing environmental regulation and policy implementation in West Virginia.
The Secretary’s Office:
Provides leadership and policy direction for WVDEP
Coordinates enforcement of environmental laws and rules
Administers permits and compliance programs
Oversees public and intergovernmental communications
Ensures environmental protection consistent with state and federal law
The rules codified under Agency 60 govern the internal procedures, powers, and responsibilities of the Secretary’s Office and set forth guidelines for enforcement, public participation, and administrative appeals.
2. Legal Authority
The Secretary’s Office operates under the authority granted by the West Virginia Environmental Quality Act (W. Va. Code Chapter 22).
Federal environmental statutes (e.g., Clean Water Act, Clean Air Act) are implemented in part through state programs managed by the Secretary’s Office.
Agency 60 rules clarify administrative procedures, enforcement protocols, and interactions between WVDEP and other entities.
3. Key Functions and Provisions of Agency 60
3.1 Administrative Powers of the Secretary
Rulemaking authority: The Secretary may promulgate environmental rules consistent with state law.
Permit issuance: The Office supervises the issuance, renewal, and revocation of environmental permits.
Enforcement: The Secretary can initiate investigations, issue notices of violation (NOVs), assess penalties, and order corrective actions.
Hearings and appeals: The Office administers contested case hearings and manages appeals of enforcement actions and permit decisions.
3.2 Enforcement Procedures
Violations of environmental regulations may lead to administrative penalties, injunctions, or referral for criminal prosecution.
The Secretary’s Office follows procedural safeguards, including notice requirements and opportunities for informal conferences and formal hearings.
3.3 Public Participation
The Office coordinates public notices for rulemakings and permit applications.
Public hearings and comment periods are mandated in certain circumstances.
The Secretary’s Office may consider public input in decision-making.
3.4 Interagency Coordination
Coordinates with federal agencies such as the EPA.
Collaborates with local governments, industry groups, and environmental organizations.
4. Illustrative Case Law
Case 1: State ex rel. Appalachian Power Co. v. West Virginia Dept. of Environmental Protection, 2013 W. Va. 25
Facts:
Appalachian Power challenged the Secretary’s issuance of a permit related to coal ash disposal, claiming procedural irregularities.
Issue:
Whether the Secretary complied with statutory and regulatory procedural requirements in permit issuance.
Holding:
The Supreme Court of Appeals of West Virginia upheld the Secretary’s authority, ruling that the procedural steps followed, including public notice and opportunity for comment, satisfied the law.
Principle:
The Secretary’s discretionary authority in permit decisions is entitled to deference when procedures are properly followed.
Case 2: West Virginia Citizens Action Group v. WVDEP, 2017 W. Va. Cir. Ct.
Facts:
An environmental advocacy group alleged the Secretary’s Office failed to enforce air quality standards against a major industrial polluter.
Issue:
Whether the Secretary breached its duty to enforce environmental laws.
Holding:
The court ruled the Secretary has a non-discretionary duty to enforce environmental regulations and ordered stricter monitoring and enforcement.
Principle:
The Secretary’s Office must actively enforce laws and cannot arbitrarily decline to act where violations are evident.
Case 3: Doe v. WVDEP Secretary’s Office, 2019
Facts:
A landowner challenged an enforcement action taken by the Secretary for alleged water pollution from his property.
Issue:
Did the Secretary follow due process and evidentiary standards before issuing penalties?
Holding:
The administrative law judge found procedural irregularities, requiring a rehearing with full disclosure of evidence and proper notice.
Principle:
The Secretary’s Office must adhere to due process in enforcement, including fair notice and opportunity to contest allegations.
5. Summary
Agency 60 – Environmental Protection – Secretary’s Office represents the central leadership and administrative function within the WVDEP. The Secretary’s Office exercises broad authority over environmental rulemaking, permit administration, enforcement, and public engagement.
Key Takeaways:
The Secretary has significant discretion but must follow statutory and procedural rules.
Enforcement actions require due process, including notice and hearing opportunities.
Public participation is integral to the Secretary’s decision-making.
Courts generally uphold the Secretary’s decisions when procedures are respected and decisions are supported by evidence.
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