Overview
The WVDEP promotes compliance with laws, regulations, and permit conditions by utilizing administrative, civil,
and criminal enforcement procedures.
The WVDEP’s Environmental Enforcement division (EE)
primarily enforces the State’s Solid Waste Management, Water Pollution Control, Groundwater Protection, Hazardous Waste Management,
Underground and Aboveground Storage Tank, and Dam Safety Acts.
The
Division of Mining and Reclamation (DMR)
assures compliance with program requirements and mandates by the federal Office of Surface Mining Reclamation and Enforcement (OSMRE)
and the WVDEP.
The Division of Air Quality (DAQ)
enforces applicable sections of the federal Clean Air Act of 1990 and implements regulations contained in the Code of
Federal Regulations.
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Contents
Aboveground Storage Tanks
The Tanks Unit within
Environmental Enforcement
under the Division of Water and Waste Management
is comprised of Corrective Action and Prevention staff covering both aboveground (AST) and underground (UST) storage tanks.
Senate Bill 373, containing the Aboveground Storage Tank Act §22-30 and the Public Water Supply Protection Act §22-31,
officially took effect on June 6, 2014. The bill requires an inventory and registration of aboveground storage tanks,
the submittal of spill prevention response plans, and certified inspections of tanks.
In the event of a spill or emergency, immediately contact
1-800-642-3074
Air Quality Compliance & Enforcement
Responsible for assuring that those facilities which are subject to air pollution control requirements
mandated by the West Virginia Code and implementing Legislative Rules, or by applicable sections of
the federal Clean Air Act of 1990 and implementing regulations contained in the Code of Federal
Regulations, comply with the emission limits placed on the facility through either a permit or a
registration process.
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Asbestos Removal and Demolition
In West Virginia, the Division of Air Quality is the agency which enforces the federal Asbestos NESHAP rule
(40 CFR 61 Subpart M). Since asbestos is recognized as a hazardous substance linked to asbestosis, mesothelioma
and lung cancer, EPA promulgated the Asbestos NESHAP rule to control emission of asbestos fibers to the ambient
air. This rule has specific requirements which apply to renovation and demolition activities at affected
"facilities." As applied to the rule, a facility is any institutional, commercial, public, industrial or
residential structure, installation or building.
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Dam Safety
The mission of the Dam Safety Section
is to protect lives and property from the danger of a dam failure. Public safety is accomplished by ensuring
that dams are constructed, rehabilitated, maintained, operated, or removed in a safe manner.
In the event of a dam emergency, immediately contact 1-800-642-3074
Emissions Testing
Emissions testing is often required of facilities in West Virginia. The requirement can arise from a condition
of a Division of Air Quality (DAQ) rule, a DAQ permit, or by order of the DAQ Director. Two common types of
emission tests are the measurement of a pollutant discharged from a process stack or an observation of opacity.
Contact Us
Rebecca Johnson, Technical Analyst
601 57th Street, SE
Charleston, WV 25304
Phone: (304) 926-0499 x41267
Email: Rebecca.H.Johnson@wv.gov
Hazardous Waste
The hazardous waste (HW) section with Environmental Enforcement promotes compliance by providing assistance
and/or enforcing regulatory requirements of hazardous waste generators and hazardous waste treatment, storage
and disposal facilities. HW continually works to advance the safe management of hazardous waste to protect
human health and the environment.
In the event of a spill or emergency, immediately contact 1-800-642-3074
Oil and Gas
Division of Air Quality information for oil and natural gas facilities.
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Open Burning
Vegetative material generated by clearing of land for purposes of preparation for development, construction,
mining or other such activity may be open burned provided there is no practical alternative disposal method.
Non-vegetative (ex. construction debris) material is not considered land clearing debris. Pitburners should
be used whenever practical and may be required in non-rural areas. Additionally, you must complete an
"Approval to Conduct Open Burning Form for Land Clearing Debris" and receive written approval from DAQ.
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Underground Storage Tanks
The Tanks Unit
within Environmental Enforcement
under the Division of Water and Waste Management
is comprised of Corrective Action and Prevention staff covering both aboveground (AST) and underground (UST) storage tanks.
The purpose of DEP's Underground Storage Tank (UST) Section is to regulate underground storage tanks that contain petroleum
or hazardous substances to determine compliance with state rules and federal regulations. West Virginia has had full program
approval from EPA since February 1988.
In the event of a spill or emergency, immediately contact 1-800-642-3074
Water and Waste Compliance & Enforcement
The Water and Waste (WW) section within Environmental Enforcement promotes compliance by providing assistance
and / or enforcing permit conditions required of municipalities, solid waste facilities, industry and the
public. WW continually works to advance to lawful management of solid waste and wastewater.
In the event of a spill or emergency, immediately contact 1-800-642-3074
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