In West Virginia, the West Virginia Division of Natural Resources (“Division”) is the state agency with the primary responsibility to enforce the law with respect to natural resources. The Division also possesses the required powers, duties and authority to achieve to provide a comprehensive program for the exploration, conservation, development, protection, enjoyment and use of the natural resources of the State of West Virginia. Pursuant to W. Va. Code § 20-1-3, a division of Natural Resources, the office of Director of the Division of natural resources and a natural resources commission are hereby created and established in the state government with jurisdiction, powers, functions, services and enforcement processes.
The following are some of the functions of the Division:
- To closely monitor the existing solid waste facilities in West Virginia.
- To require the facilities to meet the standards delineated in the rules and regulations which are promulgated under the Solid Waste Management Act.
- To make certain that the solid waste requirements of the local area are given the foremost priority in the operation of such solid waste facilities, all for the benefit of the health and welfare of the public at large.
- To take necessary action to inspect and investigate solid waste facilities and undertake corrective actions where violations are discovered.
- To review every new application for a license and applications to re-new a license of any existing solid waste facility that is engaged or plans to be engaged in receiving any such solid waste from without the State of West Virginia, for, among other reasons, consideration to the ability or inability of the State of West Virginia to provide the resources necessary to adequately monitor the contents of such solid waste, all for the benefit of the health and safety and peace of mind of the citizens of the State of West Virginia.
In addition, the division maintains at all times an accurate record of all of its lands, interests in lands, buildings, structures, equipment and other tangible properties and assets. The division also provides for the maintenance, preservation and custody of all such properties and assets, and when any item or items thereof become obsolete or are no longer needed, the division reports thereon to the Public Lands Corporation for disposition thereof[i].
Simultaneously, the division exercises its authority to support, promote and enhance recreational hunting and shooting opportunities, to the extent authorized by statute. The division also gives preference to hunting and shooting over other uses of division owned wildlife management area lands. Additionally, the Division also collects, organizes and from time to time, distributes to the public, through news media or otherwise, interesting facts, information and data concerning the natural resources of the state and the functions and services of the Division[ii].
[i] W. Va. Code § 20-1-10.
[ii] W. Va. Code § 20-1-11.