West Virginia Code § 11-6A-4

Regulations
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The State Tax Commissioner shall have the power and authority to promulgate regulations
for the administration of this article. Such regulations may provide, among other things, for
the identification and certification of pollution control facilities, the determination of the
date upon which such facilities were first placed in operation, the determination of whether
such facilities are real or personal property, a method for the allocation or seeparation of
values where the pollution control facility produces a profitable by-product or where a part
of such facility is required for the operation of the business without regrard to the
requirements of state or federal air or water quality standards and such other matters as
may be related to the administration of this article.

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