Current through Register Vol. XLI, No. 50, December 13, 2024
Section 33-27-7 - Entry of Consent Order7.1. Prior to a responsible party and the Secretary signing any Consent Order resolving an alleged violation of the Act or its Rules pursuant to this Rule, the Secretary shall publish notice in the form of a Class I Legal Advertisement in accordance with W. Va. Code § 59-3-1 et. seq. in a newspaper of general circulation in the county that the facility subject to the action is located at least thirty (30) days prior to the final settlement of any consent order. This notice will identify the facility found to be in violation, the specific enforcement action to be taken, and the name and address where information about the proposed settlement can be obtained. The Secretary shall consider all comments received during the thirty (30) day period.7.2. The Secretary, based upon the public comments, may determine to either modify the Consent Order based upon the public comments or execute the Consent Order as proposed.7.3. Should the Secretary modify the Consent Order as a result of public comments, the responsible party may reject the proposed modifications and thereby may reject the modified Consent Order.7.4. Penalties collected pursuant to this Rule shall be deposited into the Hazardous Waste Management Fund within the Department of Environmental Protection for uses related to permitting, inspection, environmental remediation or any other activity deemed appropriate by the Secretary.