W. Va. Code R. § 64-56-15 - Enforcement Orders; Related Hearings; Permit Reinstatement

Enforcement orders and related hearings are required to be conducted according to the provisions of W. Va. Code §§ 22-18-15, 20-5J-8 and 29A-5-1et. seq. as outlined in Sections 15.1 and 15.2 of this rule.

15.1. If the Secretary, upon inspection, investigation or through other means observes, discovers or learns of a violation of the provisions of this rule or relevant State law or of any order or permit issued under this rule or such law by the Secretary, he or she may:

15.1.a. 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, modifying or revoking permits, orders requiring a person to take remedial action, or cease and desist orders;

15.1.b Seek an injunction in accordance with W. Va. Code § 20-5J-9(b);

15.1.c Institute a civil action in accordance with W. Va. Code § 20-5J-9(a); or

15.1.d 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 W. Va. Code § 22-18-16.

15.2. Any person issued a cease and desist order may file a notice of request for reconsideration with the Secretary not more than seven (7) days from the issuance of such order and shall have a hearing before the Secretary contesting the terms and conditions of such order within ten (10) days of the filing of such notice of a request for reconsideration. The hearing is conducted as required by State law and Section 19 of this rule. The filing of a notice of request for reconsideration shall not stay or suspend the execution or enforcement of such cease and desist order.

15.3. Any person whose permit issued under this rule has been suspended or revoked may, at any time, make application for reinstatement of the permit. After receipt of a written request, including a signed statement by the applicant that in his or her opinion the conditions causing the suspension of the permit have been corrected, the Secretary shall make an inspection or investigation of the applicant's operation. If the applicant complies with the provisions of this rule, the permit shall be reinstated.

15.4. The Secretary may suspend or revoke a permit if the permit has been obtained by means of fraud, deceit or material misrepresentation.

Notes

W. Va. Code R. § 64-56-15