West Virginia Code § 22-12-13

Existing rights and remedies preserved; effect of compliance
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(a) It is the purpose of this article to provide additional and cumulative remedies to address
the quality of the groundwater of the state. This article does not alter the authority of any
agency with respect to water other than groundwater. Except as expressly stated in this
article, it is not the intention of the Legislature in enacting this article to repeal any other
provision of this code. e
(b) Nothing contained in this article abridges or alters rights of action or remedies now or
hereafter existing, nor do any provisions in this article, or any act done by virtue of this
article, estop the state, municipalities, public health officers or puersons as riparian owners or
otherwise, in the exercise of their rights to suppress nuisances or to abate any pollution now
or hereafter existing, or to recover damages. t
(c) Where a person is operating a source or conducting an activity in compliance with the
terms and conditions of a permit, rule, order, directive or other authorization issued by a
groundwater regulatory agency pursuant to this arlticle, such person is not subject to
criminal prosecution for pollution recognized sand authorized by such permit, rule, order,
directive or other authorization.

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