WEST VIRGINIA LEGISLATURE

2025 REGULAR SESSION

Introduced

House Bill 3217

By Delegates T. Howell, G. Howell, Mazzocchi, Jennings, Drennan, Amos, White, Petitto, Dittman, Kyle, and Clay

[Introduced March 07, 2025; referred to the Committee on Energy and Public Works]

A BILL to amend the Code of West Virginia, 1931, as amended, to add thereto a new article designated §22-1B-1, relating to requiring public notification of hazardous environmental spills.

Be it enacted by the Legislature of West Virginia:

chapter 22. environmental resources

article 1b. Public Notification of Environmental Spills.

§22-1B-1. Public notification of environmental spills.

(a) The West Virginia Department of Environmental Protection ("DEP") shall provide public notification within 24 hours of any reported spill, discharge, or release of any hazardous substance, sewage, or other pollutants into the waters of the state, including but not limited to all waters on or under the ground, rivers, streams, lakes, and wells.  

(b) For purposes of this article, "hazardous substance, sewage, or other pollutants" shall mean materials that can be dangerous or harmful to people's health or the environment, and includes solids, liquids, gases, or sludges.  Such materials may include, but are not limited to, toxic substances, flammable materials, explosives, corrosive materials, chemical substances, biological substances, radioactive materials, discarded commercial products such as cleaning fluids and pesticides, or by-products of manufacturing processes.

(c) Public notification shall include, at a minimum:

(1) The location of the spill;

(2) The type and quantity of the substance released, if known;

(3) The potential impact on drinking water, recreation, and wildlife;

(4) Precautionary measures for the public, including any recommended restrictions on water use, fishing, or recreational activities; and

(5) Corrective actions being taken to contain and mitigate the spill.

(d) Public notification shall be issued to and through multiple channels, including:

(1) DEP’s official website and social media platforms;

(2) Local media outlets, including television, radio, and newspapers;

(3) Emergency alert systems and public health announcements where applicable; and

(4) The West Virginia Emergency Management Division's official website and social media platforms.

(e) Notwithstanding any other provision of code to the contrary, any entity responsible for a spill shall be required to immediately notify the DEP and the West Virginia Emergency Management Division upon discovery of the incident and may be subject to civil penalties for failure to report.

(f) The DEP shall publish and maintain an online public database tracking all spills, including their status and remediation efforts.  This database shall be accessible to the general public.

NOTE: The purpose of this bill is to require public notification of hazardous environmental spills.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.