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Introduced Version Senate Bill 517 History

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Senate Bill No. 517

(By Senators Fanning, Boley, Foster, Kessler,

Bailey, Wells and Minard)
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[Introduced January 31, 2008; referred to the Committee on Energy, Industry and Mining.]

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A BILL to amend and reenact §22-6-7 of the Code of West Virginia, 1931, as amended; and to amend and reenact §22-11-8 of said code, all relating to authorizing the Secretary of the Department of Environmental Protection to sign National Pollutant Discharge Elimination System permits.

Be it enacted by the Legislature of West Virginia:
That §22-6-7 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that §22-11-8 of said code be amended and reenacted, all to read as follows:
ARTICLE 6. OFFICE OF OIL AND GAS; OIL AND GAS WELLS; ADMINISTRATION; ENFORCEMENT.

§22-6-7. Water pollution control permits; powers and duties of the secretary; penalties.

(a) In addition to a permit for well work, the director secretary, after public notice and an opportunity for public hearings, may either issue a separate permit, general permit or a permit consolidated with the well work permit for the discharge or disposition of any pollutant or combination of pollutants into waters of this state upon condition that such the discharge or disposition meets or will meet all applicable state and federal water quality standards and effluent limitations and all other requirements of the director secretary.
(b) It shall be is unlawful for any person conducting activities which are subject to the requirements of this article, unless that person holds a water pollution control permit therefor from the
director secretary, which is in full force and effect to:
(1) Allow pollutants or the effluent therefrom, produced by or emanating from any point source, to flow into the water of this state;
(2) Make, cause or permit to be made any outlet, or substantially enlarge or add to the load of any existing outlet, for the discharge of pollutants or the effluent therefrom, into the waters of this state;
(3) Acquire, construct, install, modify or operate a disposal system or part thereof for the direct or indirect discharge or deposit of treated or untreated pollutants or the effluent therefrom, into the waters of this state, or any extension to or addition to such the disposal system;
(4) Increase in volume or concentration any pollutants in excess of the discharges or disposition specified or permitted under any existing permit;
(5) Extend, modify or add to any point source, the operation of which would cause an increase in the volume or concentration of any pollutants discharging or flowing into the waters of the state;
(6) Operate any disposal well for the injection or reinjection underground of any pollutant, including, but not limited to, liquids or gasses, or convert any well into such a disposal well or plug or abandon any such disposal well.
(c) Notwithstanding any provision of this article or articles seven, eight, nine or ten of this chapter to the contrary, the
director shall have secretary has the same powers and duties relating to inspection and enforcement as those granted under article eleven, chapter twenty-two of this code in connection with the issuance of any water pollution control permit or any person required to have such permit.
(d) Any person who violates any provision of this section, any order issued under this section or any permit issued pursuant to this section or any rule of the director secretary relating to water pollution or who willfully or negligently violates any provision of this section or any permit issued pursuant to this section or any rule or order of the director secretary relating to water pollution or who fails or refuses to apply for and obtain a permit or who intentionally misrepresents any material fact in an application, record, report, plan or other document files or required to be maintained under this section shall be is subject to the same penalties for such the violations as are provided for in sections twenty-two and twenty-four, article eleven, chapter twenty-two of this code: Provided, That the provisions of section twenty-six, article eleven, chapter twenty-two of this code relating to exceptions to criminal liability shall also apply.
All applications for injunction filed pursuant to section twenty-two, article eleven, chapter twenty-two of the code shall take priority on the docket of the circuit court in which pending, and shall take precedence over all other civil cases.
(e) Any water pollution control permit issued pursuant to this section or any order issued in connection with such permit for the purpose of implementing the "National Pollutant Discharge Elimination System" established under the federal Clean Water Act shall be issued by the chief of the office of water resources of the division in consultation with the chief of the office of oil and gas of the division secretary and shall be is appealable to the Environmental Quality Board pursuant to the provisions of section twenty-five, article eleven, chapter twenty-two and section seven, article one, chapter twenty-two-b of this code.
ARTICLE 11. WATER POLLUTION CONTROL ACT.

§22-11-8. Prohibitions; permits required.

(a) The chief secretary may, after public notice and opportunity for public hearing, issue a permit for the discharge or disposition of any pollutant or combination of pollutants into waters of this state upon condition that such the discharge or disposition meets or will meet all applicable state and federal water quality standards and effluent limitations and all other requirements of this article and article three, chapter twenty-two-b of this code.
(b) It is unlawful for any person, unless the person holds a permit therefor from the division department, which is in full force and effect, to:
(1) Allow sewage, industrial wastes or other wastes, or the effluent therefrom, produced by or emanating from any point source, to flow into the waters of this state;
(2) Make, cause or permit to be made any outlet, or substantially enlarge or add to the load of any existing outlet, for the discharge of sewage, industrial wastes or other wastes, or the effluent therefrom, into the waters of this state;
(3) Acquire, construct, install, modify or operate a disposal system or part thereof for the direct or indirect discharge or deposit of treated or untreated sewage, industrial wastes or other wastes, or the effluent therefrom, into the waters of this state, or any extension to or addition to such the disposal system;
(4) Increase in volume or concentration any sewage, industrial wastes or other wastes in excess of the discharges or disposition specified or permitted under any existing permit;
(5) Extend, modify or add to any point source, the operation of which would cause an increase in the volume or concentration of any sewage, industrial wastes or other wastes discharging or flowing into the waters of the state;
(6) Construct, install, modify, open, reopen, operate or abandon any mine, quarry or preparation plant, or dispose of any refuse or industrial wastes or other wastes from any such the mine or quarry or preparation plant:
Provided, That the division's department's permit is only required wherever the aforementioned activities cause, may cause or might reasonably be expected to cause a discharge into or pollution of waters of the state, except that a permit is required for any preparation plant: Provided, however, That unless waived in writing by the chief secretary, every application for a permit to open, reopen or operate any mine, quarry or preparation plant or to dispose of any refuse or industrial wastes or other wastes from any such the mine or quarry or preparation plant shall contain a plan for abandonment of such the facility or operation, which plan shall comply in all respects to the requirements of this article. Such The plan of abandonment is subject to modification or amendment upon application by the permit holder to the chief secretary and approval of such the modification or amendment by the chief secretary ; or
(7) Operate any disposal well for the injection or reinjection underground of any industrial wastes, including, but not limited to, liquids or gases, or convert any well into such a disposal well or plug or abandon any such disposal well.
(c) Where a person has a number of outlets emerging into the waters of this state in close proximity to one another, such the outlets may be treated as a unit for the purposes of this section, and only one permit issued for all such the outlets.
(d) For water pollution control and national pollutant discharge elimination system permits issued for activities regulated by the office of mining and reclamation and the office of oil and gas, the chief of the office of water resources may delegate functions, procedures and activities to the respective chiefs of those offices. Permits for such activities shall be issued under the supervision of and with the signature and approval of the chief of the office of water resources who shall review and approve all procedures, effluent limits and other conditions of such permits.



NOTE: The purpose of this bill is to authorize the Secretary of the Department of Environmental Protection to sign National Pollutant Discharge Elimination System permits.


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