West Virginia Code § 22-13-6

General powers and duties of director with respect to protected streams
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(a) In addition to all other powers and duties of the director, as prescribed in this article or
elsewhere by law, the director shall exercise supervision over the administration and
enforcement of the provisions of this article, and all orders and permits issued pursuant to
the provisions of this article.
(b) In addition to all other powers and duties of the director, as prescribed in this article or
elsewhere by law, the director has authority to promulgate rules, in accordance with the
provisions of chapter twenty-nine-a of this code, to implement and make effective the
powers, duties and responsibilities vested in the director by the uprovisions of this article and
otherwise by law: Provided, That all such rules shall be consistent with the declaration of
public policy set forth in section two of this article. t
(c) The director and duly authorized representatives, have the power and authority to make
investigations, inspections and inquiries concerning compliance with the provisions of this
article, any order made and entered in accordance lwith the provisions of this article, any
rules promulgated by the director, and with thse terms and conditions of any permit issued in
accordance with the provisions of section nine of this article. In order to make such
investigations, inspections and inquiries, the director and duly authorized representatives,
have the power and authority to entger at all reasonable times upon any private or public
property, subject to responsibility for any damage to the property entered. Upon entering,
and before making any investiegation, inspection and inquiry, such person shall immediately
present himself or herself to the occupant of the property. Upon entering property used in
any manufacturing, minLing or other commercial enterprise, or by any municipality or
governmental agency or a subdivision, and before making any investigation, inspection and
inquiry, such person shall immediately present himself or herself to the person in charge of
the operation, and if he or she is not available, to a managerial employee. All persons shall
cooperate fully with the person entering such property for such purposes. Upon a refusal of
the person owning or controlling such property to permit such entrance or the making of
sucWh inspections, investigations and inquiries, the director may apply to the circuit court of
the county in which such property is located, or to the judge thereof in vacation, for an order
permitting such entrance and the making of such inspections, investigations, and inquiries;
and jurisdiction is hereby conferred upon such court to enter such order upon a showing
that the relief asked is necessary for the proper enforcement of this article. Nothing
contained in this section eliminates any obligation to follow any process that may be
required by law.

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