Current through Register Vol. XLI, No. 45, November 8, 2024
Section 60-8-12 - Action on Application12.1. The department will complete its initial review of the environmental excellence program application within 14 days of receipt of the application that must include a cursory review of the application inventorying the contents and issuing a letter to the applicant detailing any shortcomings or acknowledging its completeness.12.2. The department will publish, in the department calendar maintained on an internet site at http://www.wvdep.org, a notice of receipt of the application and related documentation and of the availability of the application and related documentation for public review and comment not less than 30 days before the department makes a decision on the application.12.3. Within 60 days of receipt of a complete application, unless an extension of time is requested by the applicant, the department will consider public comments, determine whether the criteria of these rules have been met, and notify the applicant, in writing, whether the applicant is eligible to participate in the environmental excellence program.12.4. The department will provide public notice of its decision regarding the eligibility of the applicant to participate in the environmental excellence program within 30 days after rendering its decision concerning eligibility.12.5. In cases where the department determines that the applicant is eligible to participate in the program, the department may hold an informational meeting on the applicant's proposal.12.6. Within 30 days after the public notice specified under subsection 12.4, interested persons may request that the department grant them authorization to participate under the negotiations as specified under section 13. The secretary will determine whether a person who makes a request under this section must participate in the negotiations based on whether the person has demonstrated sufficient interest in the issues raised by the application for eligibility to warrant that participation.12.7. Any person adversely affected by the secretary's eligibility determination may appeal to the environmental quality board, pursuant to the provisions of article one [§ 22B-1-1 et seq.], chapter twenty-two-b of the West Virginia Code.12.8. The department will determine whether the environmental excellence program applicant meets the requirements of this rule and will inform the environmental excellence program applicant of acceptance into the environmental excellence program at the Bronze Leaf or Silver Leaf or Gold Leaf designation by January 1 of each year.