W. Va. Code R. § 47-30B-3

Current through Register Vol. XLI, No. 45, November 8, 2024

Section 47-30B-3 - Applicability of the Rule

3.1. Upon discovery of a violation, regardless of the means of discovery, of the Act or the Mining NPDES Rule, the Secretary may, at his or her discretion, choose to institute administrative proceedings pursuant to the Act and this rule to resolve the alleged violation.

3.2. Not a Waiver. - Nothing in this rule shall be construed as limiting the ability of the Secretary to pursue a civil action for any violation of the Act or the Mining NPDES Rule should the agency and the responsible party be unable to reach settlement of the alleged violations pursuant to the procedures set forth in this rule. The Secretary is not required to institute administrative proceedings prior to taking any other lawful action pursuant to the Act or the Mining NPDES Rule.