W. Va. Code R. § 47-1-7

Current through Register Vol. XLI, No. 50, December 13, 2024
Section 47-1-7 - Entry of Consent Decree
7.1. Prior to a responsible party and the Secretary signing any Consent Decree resolving an alleged violation of the Act or its rules pursuant to this rule, said Consent Decree shall be subject to the public notice and comment requirements set forth in 47 Code of State Rules, Series 10, Section 16.2.c.
7.2. The Secretary, based upon the public comments, may determine to either modify the Consent Decree based upon the public comments or execute the Consent Decree as proposed.
7.3. Should the Secretary modify the Consent Decree as a result of public comments, the responsible party may reject the proposed modifications and thereby may reject the modified Consent Decree.
7.4. In as much as this Rule may be used by multiple divisions within the Department, the Secretary shall direct the proceeds collected pursuant to this rule to appropriate funds within the Department of Environmental Protection for uses related to permitting, inspection, environmental remediation or any other activity deemed appropriate by the Secretary.

W. Va. Code R. § 47-1-7