(a) Any eligible small business may apply for a small business environmental loan by submitting two identical copies of an application to the authority, on forms provided by the authority.(b) The director shall determine environmental program qualification as provided by section two of this article, and based on the following factors:(1) Pertinent environmental benefits of the project, including expected eliminations or reductions of regulated pollutants, solid wastes, hazardous wastes and in the use of toxic and hazardous chemicals, as well as expected benefits from recycling programs, and pollution prevention measures;(2) The degree of compliance with applicable environmental rules, regulations, laws and statutes; and(3) Borrower's past environmental compliance performance, including history of compliance, violations, permitting difficulties and reporting record.
West Virginia Legal Code