Current through Register Vol. XLI, No. 50, December 13, 2024
Section 47-65-7 - 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, 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 and 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 may 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 reject the modified Consent Order.7.4. Penalties collected pursuant to this Rule shall be deposited into the Aboveground Storage Tank Administrative Fund or the Protect our Water Fund, as appropriate, for use in effectuating the purposes of the Act and its Rules.