West Virginia Code

W. Va. Code § 22-18-4 (2026)

Designation of Division of Environmental Protection as the state hazardous waste management lead agency

✓ text as last checked July 2026 (this copy records no edition or section history)
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ARTICLE 18. HAZARDOUS WASTE MANAGEMENT ACT.

§22-18-4. Designation of Division of Environmental Protection as the state hazardous waste management lead agency.

The Division of Environmental Protection is hereby designated as the hazardous waste management lead agency for this state for purposes of Subtitle C of the Resource Conservation and Recovery Act, and is hereby authorized to take all action necessary or appropriate to secure to this state the benefits of said legislation. In carrying out the purposes of this article, the director is hereby authorized to cooperate with the federal environmental protection agency and other agencies of the federal government, this state and other states and other interested persons in all matters relating to hazardous waste management.

Notes of Decisions
Cited in 3 cases, 1999–2020 · leading case: State v. Cook, 515 S.E.2d 127 (W. Va. 1999).
State v. Cook, 515 S.E.2d 127 (W. Va. 1999). · cites it 2× “§ 22-18-4 (1939) (Michie Rev.1998); Tenn.”
West Virginia State Univ. Bd. of Governors v. The Dow Chem. Co., No. 2:17-cv-03558 (S.D.W. Va June 1, 2020). · cites it 2× “Code §§ 22-18-4 , 22-18-8; 40 C.F.R. § 270.51.”
City of Hurricane v. Disposal Serv. Inc., 36 F. Supp. 3d 692 (S.D.W. Va 2014). “§ 22-18-4. 1 Under the HWMA, the Director of the WVDEP is responsible for the promulgation of rules “establishing criteria for identifying the characteristics of hazardous waste, identifying the characteristics of hazardous waste and listing particular hazardous wastes which are…”
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