Water Pollution Control Act
West Virginia · Uniform Environmental Covenants Act · §§ 22-11-1 to 22-11-9 · 34 sections
Overview
The Water Pollution Control Act governs the discharge of pollutants and other harmful deposits into a state's waters, declaring a general anti-pollution policy and vesting continuing jurisdiction over water quality in a state environmental agency and its director. Its central mechanism is a permit program — discharges are prohibited without a permit — supported by water quality standards and effluent limitations, application and annual permit fees that fund water quality management, inspections, compliance and emergency orders, and requirements to carry out remedial action and report progress. Enforcement ranges from administrative and civil penalties and injunctive relief to criminal prosecution, along with liability for response costs and for damage to fish and aquatic life, with agency decisions subject to appeal before a state environmental review board.
Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.
In the courts
Sections of this act have been cited in 35 court decisions.
Most-cited authority: 208 W. Va. 393 - State Ex Rel. Ball v. Cummings
Sections covered
- W. Va. Code § 22-11-1Short title13 cites
- W. Va. Code § 22-11-10Water Quality Management Fund established; permit application fees; annual permit fees; dedication of proceeds; rules
- W. Va. Code § 22-11-11Procedure concerning permits required under article; transfer of permits; prior permits1 cite
- W. Va. Code § 22-11-12Inspections; orders to compel compliance with permits; service of orders
- W. Va. Code § 22-11-13Voluntary water quality monitors; appointment; duties; compensation
- W. Va. Code § 22-11-14Information to be filed by certain persons with division; tests
- W. Va. Code § 22-11-15Orders of director to stop or prevent discharges or deposits or take remedial action; service of orders
- W. Va. Code § 22-11-16Compliance with orders of director
- W. Va. Code § 22-11-17Power of eminent domain; procedures; legislative finding
- W. Va. Code § 22-11-18Duty to proceed with remedial action promptly upon receipt of permit; progress reports required; finances and funds
- W. Va. Code § 22-11-19Emergency orders
- W. Va. Code § 22-11-2Declaration of policy2 cites
- W. Va. Code § 22-11-20Control by state as to pollution; continuing jurisdiction
- W. Va. Code § 22-11-21Appeal to environmental quality board1 cite
- W. Va. Code § 22-11-22Civil penalties and injunctive relief; administrative penalties3 cites
- W. Va. Code § 22-11-22aCivil penalties and injunctive relief; civil administrative penalties for coal mining operations
- W. Va. Code § 22-11-23Priority of actions
- W. Va. Code § 22-11-24Violations; criminal penalties
- W. Va. Code § 22-11-25Civil liability; Natural Resources Game Fish and Aquatic Life Fund; use of funds1 cite
- W. Va. Code § 22-11-26Exceptions as to criminal liabilities
- W. Va. Code § 22-11-27Existing rights and remedies preserved; article for benefit of state only4 cites
- W. Va. Code § 22-11-28Functions, services and reports of director of the division; obtaining information from others
- W. Va. Code § 22-11-29Reimbursement of response costs
- W. Va. Code § 22-11-3Definitions2 cites
- W. Va. Code § 22-11-30Chesapeake Bay Restoration Initiative
- W. Va. Code § 22-11-31State pre-emption in favor of commercial horticulture under the Water Pollution Control Act
- W. Va. Code § 22-11-4General powers and duties of director with respect to pollution3 cites
- W. Va. Code § 22-11-5Water areas beautification; investigations; law enforcement
- W. Va. Code § 22-11-6Requirement to comply with standards of water quality and effluent limitations4 cites
- W. Va. Code § 22-11-7Cooperation with other governments and agencies
- W. Va. Code § 22-11-7aCertification agreements; required provisions
- W. Va. Code § 22-11-7bWater quality standards; implementation of antidegradation procedures; procedure to determine comp1iance with the biologic component of the narrative water quality standard
- W. Va. Code § 22-11-8Prohibitions; permits required1 cite
- W. Va. Code § 22-11-9Form of application for permit; information required
Enacted in other states
All West Virginia named statutes →
Download
Copy
Embed on your site
Hover to preview · click to copy the code