West Virginia Code § 22-11-15

Orders of director to stop or prevent discharges or deposits or take
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remedial action; service of orders.
If the director, on the basis of investigations, inspections and inquiries, determines that any
person who does not have a valid permit issued pursuant to the provisions of this article is
causing the pollution of any of the waters of the state, or does on occasions cause pollution
or is violating any rule or effluent limitation of the board or the director, he eor she shall
either make and enter an order directing such person to stop such pollution or the violation
of the rule or effluent limitation of the board or director, or make and ernter an order
directing such person to take corrective or remedial action. Such order shall contain findings
of fact upon which the director based the determination to make and enter such order. Such
order shall also direct such person to apply forthwith for a permit in accordance with the
provisions of sections eight, nine and eleven of this article. Tthe director shall fix a time limit
for the completion of such action. Whether the director shall make and enter an order to
stop such pollution or shall make and enter an order to take remedial action, in either case
the person so ordered may elect to cease operations of the establishment deemed to be the
source of such discharge or deposits causing pollution, if the pollution referred to in the
director's order shall be stopped thereby.
The director shall cause a copy of any such order to be served by registered or certified mail
or by a law-enforcement officer upong such person. The director shall also cause a notice to
be served with the copy of such order, which notice shall advise such person of the right to
appeal to the board by filing ae notice of appeal, on the form prescribed by the board for such
purpose, with the board, in accordance with the provisions of article one, chapter twenty-
two-b of this code. L

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