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Introduced Version House Bill 4449 History

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Key: Green = existing Code. Red = new code to be enacted


H. B. 4449


(By Delegates Fleischauer, Mahan, Compton,

Manuel, Amores, Perdue and Webster)

[Introduced February 8, 2002; referred to the

Committee on the Judiciary.]




A BILL to amend article eleven, chapter twenty-two of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section twenty-nine, relating to reimbursement of costs incurred for emergency response to accidental discharge or spill of pollution into waters of the state; and authorizing the department of environmental protection to collect emergency response costs.

Be it enacted by the Legislature of West Virginia:
That article eleven, chapter twenty-two of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section twenty-nine, to read as follows:
ARTICLE 11. WATER POLLUTION CONTROL ACT.

§ 22-11-29. Reimbursement of response costs.
(a) The secretary is authorized to recover through civil action or cooperative agreements with responsible persons the full amount of any funds expended for the purpose of responding to a spill or accidental discharge of any pollutant which enters or potentially may enter into the waters of the state. All moneys recovered by the secretary shall be deposited into the water quality management fund created in section ten, article eleven of this chapter and shall be used for future responses to a spill or accidental discharge of any pollutant which enters or potentially may enter into the waters of the state.
(b) Any civil action instituted pursuant to this section may be brought in either Kanawha County or the county in which the spill or accidental discharge occurs or the county in which the response occurred.
(c) The person or persons responsible for the spill or discharge shall pay all attorney fees and costs associated with the action if the secretary prevails.


NOTE: The purpose of this bill is to authorize the Department of Environmental Protection to be reimbursed for costs incurred for emergency response to spills or accidental discharges of pollutants which enter or may enter into the waters of the state.

This section is new; therefore, strike-throughs and underscoring have been omitted.
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