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West Virginia Code Chapter 22. Environmental Resources § 22-18-15. Enforcement orders;  hearings

Current as of January 01, 2020 | Updated by FindLaw Staff

(a) If the director, upon inspection, investigation or through other means observes, discovers or learns of a violation of the provisions of this article, any permit, order or rules issued or promulgated hereunder, he or she may:

(1) Issue an order stating with reasonable specificity the nature of the violation and requiring compliance immediately or within a specified time.  An order under this section includes, but is not limited to, any or all of the following:  Orders suspending, revoking or modifying permits, orders requiring a person to take remedial action or cease and desist orders;

(2) Seek an injunction in accordance with subsection (c) of section seventeen of this article;

(3) Institute a civil action in accordance with subsection (c) of section seventeen of this article;  or

(4) Request the attorney general, or the prosecuting attorney of the county in which the alleged violation occurred, to bring a criminal action in accordance with section sixteen of this article.

(b) Any person issued a cease and desist order may file a notice of request for reconsideration with the director not more than seven days from the issuance of such order and shall have a hearing before the director contesting the terms and conditions of such order within ten days of the filing of such notice of a request for reconsideration.  The filing of a notice of request for reconsideration does not stay or suspend the execution or enforcement of such cease and desist order.

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Cite this article: FindLaw.com - West Virginia Code Chapter 22. Environmental Resources § 22-18-15. Enforcement orders;  hearings - last updated January 01, 2020 | https://codes.findlaw.com/wv/chapter-22-environmental-resources/wv-code-sect-22-18-15/

Read this complete West Virginia Code Chapter 22. Environmental Resources § 22-18-15. Enforcement orders;  hearings on Westlaw

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.

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