Current through Register Vol. XLI, No. 50, December 13, 2024
Section 57-1-6 - Approval or Denial of Application6.1. Upon completion of the public hearing, the Board shall render a decision based upon the application and the record as set forth in Sections 4 and 5 of this rule, and the W. Va. Code '20-10-3(i).6.2. Before a decision is made, the Board may seek consultation from the applicant or the Division of Environmental Protection if clarification is needed regarding the application and any comments received.6.3. Within sixty (60) calendar days of the public hearing the Board shall: 6.3.1. Grant a Certificate of Site Approval;6.3.2. Grant a Conditional Certificate of Site Approval; or6.3.3. Deny a Certificate of Site Approval.6.4. The Board shall immediately send a written decision to the applicant. The written decision shall enumerate the Board's findings and conclusions, and be sent by certified mail. The written decision shall be available to the public upon request.6.5. Any person, pursuant to W. Va. Code ''20-10-6 and 20-10-7, having an interest adversely affected by the decision of the Board is entitled to judicial review of the decision in the Circuit Court of Kanawha County, or the county in which the public hearing took place, by filing a petition with the court within sixty (60) calendar days of the Board's written decision. The certification process is outlined in Appendix I of this rule.