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Chapter 22     Entire Code


ARTICLE 1. DEPARTMENT OF ENVIRONMENTAL PROTECTION.

ARTICLE 1A. PRIVATE REAL PROPERTY PROTECTION.

ARTICLE 2. ABANDONED MINE LANDS AND RECLAMATION ACT.

ARTICLE 3. SURFACE COAL MINING AND RECLAMATION ACT.

ARTICLE 3A. OFFICE OF EXPLOSIVES AND BLASTING.

ARTICLE 4. QUARRY RECLAMATION ACT.

ARTICLE 5. AIR POLLUTION CONTROL.

ARTICLE 6. OFFICE OF OIL AND GAS; OIL AND GAS WELLS; ADMINISTRATION; ENFORCEMENT.

ARTICLE 6A. NATURAL GAS HORIZONTAL WELL CONTROL ACT.

ARTICLE 6B. OIL AND GAS HORIZONTAL WELL PRODUCTION DAMAGE COMPENSATION.

ARTICLE 7. OIL AND GAS PRODUCTION DAMAGE COMPENSATION.

ARTICLE 8. TRANSPORTATION OF OILS.

ARTICLE 9. UNDERGROUND GAS STORAGE RESERVOIRS.

ARTICLE 10. ABANDONED WELL ACT.

ARTICLE 11. WATER POLLUTION CONTROL ACT.

ARTICLE 11A. CARBON DIOXIDE SEQUESTRATION.

ARTICLE 12. GROUNDWATER PROTECTION ACT.

ARTICLE 13. NATURAL STREAMS PRESERVATION ACT.

ARTICLE 14. DAM CONTROL ACT.

ARTICLE 15. SOLID WASTE MANAGEMENT ACT.

ARTICLE 15A. THE A. JAMES MANCHIN REHABILITATION ENVIRONMENTAL ACTION PLAN.

ARTICLE 16. SOLID WASTE LANDFILL CLOSURE ASSISTANCE PROGRAM.

ARTICLE 17. UNDERGROUND STORAGE TANK ACT.

ARTICLE 18. HAZARDOUS WASTE MANAGEMENT ACT.

ARTICLE 19. HAZARDOUS WASTE EMERGENCY RESPONSE FUND.

ARTICLE 20. ENVIRONMENTAL ADVOCATE.

ARTICLE 21. COALBED METHANE WELLS AND UNITS.

ARTICLE 22. VOLUNTARY REMEDIATION AND REDEVELOPMENT ACT.

ARTICLE 22A. WEST VIRGINIA LIMITED LIABILITY FOR PERSONS RESPONDING TO OIL DISCHARGES ACT.
§22-22A-1. Short title.
§22-22A-2. Definitions.
§22-22A-3. Exemption from liability.

ARTICLE 22B. UNIFORM ENVIRONMENTAL COVENANTS ACT.

ARTICLE 23. KYOTO PROTOCOL; ENFORCEMENT PROHIBITIONS.

ARTICLE 23A. ENVIRONMENTAL IMPACT STATEMENT.

ARTICLE 24. SMALL BUSINESS ENVIRONMENTAL LOAN PROGRAM.

ARTICLE 25. ENVIRONMENTAL EXCELLENCE PROGRAM.

ARTICLE 26. WATER RESOURCES PROTECTION ACT.

ARTICLE 27. ENVIRONMENTAL GOOD SAMARITAN ACT.

ARTICLE 28. COMMUNITY INFRASTRUCTURE INVESTMENT PROJECTS.

ARTICLE 29. GREEN BUILDINGS MINIMUM ENERGY STANDARDS.

ARTICLE 30. THE ABOVEGROUND STORAGE TANK ACT.

ARTICLE 31. THE PUBLIC WATER SUPPLY PROTECTION ACT.

ARTICLE 22A. WEST VIRGINIA LIMITED LIABILITY FOR PERSONS RESPONDING TO OIL DISCHARGES ACT.

§22-22A-1. Short title.

This article may be cited as the West Virginia Limited Liability for Persons Responding to Oil Discharges Act.

§22-22A-2. Definitions.

For the purposes of this article:

(a) "Damages" means damages of any kind for which liability may exist under the laws of this state resulting from, arising out of, or related to the discharge or threatened discharge of oil;

(b) "Discharge" means any emission (other than natural seepage), intentional or unintentional, and includes, but is not limited to, spilling, leaking, pumping, pouring, emitting, emptying or dumping;

(c) "Federal on-scene coordinator" means the federal official designated by the lead agency or predesignated by the United States environmental protection agency or the United States coast guard to coordinate and direct responses under the national contingency plan (NCP);

(d) "National contingency plan" means the national contingency plan prepared and published under Section 311(d) of the federal Water Pollution Control Act, 33 U.S.C. §1321(d), as amended by the Oil Pollution Act of 1990, Public Law No. 101-380, 104 Stat. 484 (1990) as in effect as of the effective date of this article;

(e) "Oil" means oil of any kind or in any form, including, but not limited to, petroleum, fuel oil, sludge, oil refuse and oil mixed with wastes other than dredged spoil;

(f) "Person" means an individual, corporation, partnership, association, state, municipality, commission or political subdivision of a state or any interstate body;

(g) "Remove" or "removal" means containment and removal of oil or a hazardous substance from water and shorelines or the taking of other actions as may be necessary to minimize or mitigate damage to the public health or welfare, including, but not limited to, fish, shellfish, wildlife and public and private property, shorelines and beaches;

(h) "Removal costs" means the costs of removal that are incurred after a discharge of oil has occurred or, in any case in which there is a substantial threat of a discharge of oil, the costs to prevent, minimize or mitigate oil pollution from such an incident; and

(i) "Responsible party" means a responsible party as defined under §1001 of the Oil Pollution Act of 1990, Public Law No. 101-380, 104 Stat. 484 (1990).

§22-22A-3. Exemption from liability.

(a) Notwithstanding any other provision of this code to the contrary, a person engaged in removal activities is not liable for removal costs or damages which result from acts or omissions in the course of rendering care, assistance or advice consistent with the national contingency plan or as otherwise directed by the federal on-scene coordinator or by the state official charged with responsibility for oil discharge responses.

(b) Subsection (a) of this section does not apply:

(1) To a responsible party;

(2) With respect to personal injury or wrongful death; or

(3) If the person is grossly negligent or engages in willful misconduct.

(c) A responsible party is liable for any removal costs and damages that another person is relieved of under the provisions of subsection (a) of this section.

(d) Nothing in this section affects the liability of a responsible party for oil spill response under state law.

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