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2021 Op. W. Va. Att'y Gen. 1 (2021)

handle is hein.sag/sagwv0064 and id is 1 raw text is: Pa trick \ 0 Ti? (304) 558-2021 Atorney Gener Fax (04) 558,-0140 January 29, 2021 The Honorable Kent Leonhardt State Commissioner of Agriculture 1900 Kanawha Blvd. East Building 1, Room E-28 Charleston, West Virginia 25305 Dear Commissioner Leonhardt: In your capacity as Chairman of the State Conservation Committee, you have asked for an Opinion of the Attorney General about the authority of the State Conservation Committee (SCC) and the West Virginia Conservation Agency (SCA) to administer Clean Water Act funding. This Opinion is being issued pursuant to West Virginia Code § 5-3-1, which provides that the Attorney General shall give written opinions and advise upon questions of law ... whenever required to do so, in writing, by... any ... state officer, board, or commission. Where this Opinion relies on facts, it depends solely on the factual assertions in your correspondence with the Office of the Attorney General. In 1987, Congress enacted Section 319 of the Clean Water Act, 33 U.S.C. § 1329. Under Section 319(h), the Environmental Protection Agency shall make grants to States for the purpose of assisting the State in implementing its nonpoint source pollution-management program. In 2019, EPA awarded over $165 million in grants under Section 319. See 319 Grant Programfor States and Territories, U.S. Envtl. Prot. Agency, https://bit.ly/2G6jcmJ (accessed Jan. 28, 2021). The West Virginia Department of Environmental Protection (DEP) applies for Section 319 grants, and DEP has designated the SCC to administer them in order to help conserve and restore West Virginia waters affected by nonpoint source pollution from agricultural and construction activities. Since the early 2000s, the SCC has, through the SCA (the administrative officer and support staff of the SCC, W. Va. Code § 19-21A-4(e)), administered Section 319 grants by providing the funds to local conservation districts. The local conservation districts either complete State Cpitol Buildig 1, Room E-26, 1900 Kanawha Boulevard East; CharlestoN WV 25305

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