FILING AN APPEAL WITH THE ENVIRONMENTAL QUALITY BOARD:

The West Virginia Environmental Quality Board is responsible for hearing appeals of permits and enforcement decisions issued by the West Virginia Department of Environmental Protection’s Division of Water and Waste Management. While citizens and regulated persons may file appeals with the Board, it is important to note that in most cases, the Board can only accept appeals which are filed within thirty days of the permit applicant’s receipt of the permit or order.

In order to file an appeal with the Environmental Quality Board, the appellant (person filing the appeal) should obtain a Notice of Appeal by contacting the staff or from the Board’s website. The appeal must include a copy of the permit or order which you are appealing, the date such permit or order was issued, and the relief being sought. (Examples of the relief being sought could include revisions to or the revocation of the permit; or vacating the order.)

When you file the Notice of Appeal you should attach a detailed description of your objections, whether factual or legal, to the permit or order. (Examples of factual or legal objections could include the issuance of the permit; or the conditions and requirements of the permit or order.) You should include a statement of any facts which are relevant to the appeal.

In addition, when filing an appeal you must attach a Certificate of Service which lists the names and addresses of the parties to the appeal. Parties of an appeal include the permit holder and the governmental agency which issued the permit or order. You may obtain a Certificate of Service form by contacting the staff or from the Board’s website. Once you have completed the appeal form and compiled the required documents you may mail the original and six copies to the Board’s office located at 601 57th Street, SE, Charleston, WV 25304. Please note that it is only necessary to file one copy of the permit or order which is the subject of the appeal. The appeal may also be filed through personal service. Please note that a copy of the appeal must also be mailed to the permit holder (if that company or person is not the filer of the appeal).

Once the Environmental Quality Board receives the appeal, it will be assigned an appeal number which you should reference in any further correspondence with the Board. The Board will then serve the appeal on the appropriate governmental agency and West Virginia Department of Environmental Protection’s Office of Legal Services.

The Environmental Quality Board will then set your appeal for a hearing before the members of the Board. The Board usually sets the appeal hearing for about two months after the date that the appeal was filed. You will receive a Notice of Hearing from the Board informing you of the date, time and location of the hearing on your appeal. This Notice will contain a Certificate of Service which will list the names and addresses of all parties to the appeal. All further appeal related materials and/or documents which you submit to the Board must also be served on all parties to the appeal. You should use the time between filing the appeal and the hearing date to prepare for the hearing by requesting any necessary documents and conducting discovery. See the discussion of discovery for more information about discovery.