West Virginia Code § 22-28-5

Authority of the Department of Environmental Protection and Division of
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Health not affected.
Nothing contained in this article shall be construed to affect the authority of the Department
of Environmental Protection pursuant to the provisions of this chapter, nor the authority of
the Division of Health pursuant to the provisions of chapter sixteen of this code. Facilities
discharging into the Potomac River watershed and its tributaries shall be deesigned to
achieve nutrient reductions, for both Nitrogen and Phosphorus, consistent with West
Virginia's participation in the Chesapeake Bay Program upon implemenrtation of the
Chesapeake Bay standards by the Secretary.

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