Senate Bill No. 287

(By Senators Wooton and Love)

____________

[Introduced February 8, 1995; referred to the Committee
on Natural Resources.]
____________




A BILL to amend and reenact section four, article three, chapter twenty-two-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the environmental quality board; rule-making authority; and authorizing the promulgation of rules granting site specific variances for water quality standards for coal remining operations.

Be it enacted by the Legislature of West Virginia:
That section four, article three, chapter twenty-two-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:

ARTICLE 3. ENVIRONMENTAL QUALITY BOARD.

§22B-3-4. Environmental quality board rule-making authority.

(a) In order to carry out the purposes of this chapter and chapter twenty-two of this code, the board shall promulgate legislative rules setting standards of water quality applicable to both the surface waters and groundwaters of this state: Provided, That the board may promulgate interpretive rules which grant a site specific variance to numeric water quality standards of pH, iron or manganese for coal mining operations which propose to remine areas of the state where water quality has been affected by previous mining and does not meet the existing standards. Standards of quality with respect to surface waters shall be such as to protect the public health and welfare, wildlife, fish and aquatic life, and the present and prospective future uses of such waters for domestic, agricultural, industrial, recreational, scenic and other legitimate beneficial uses thereof.
(b) No rule of the board may specify the design of equipment, type of construction or particular method which a person shall use to reduce the discharge of a pollutant.
(c) The board shall promulgate such legislative and interpretive rules in accordance with the provisions of article three, chapter twenty-nine-a of this code and the declaration of policy set forth in section two, article eleven, chapter twenty-two of this code.



NOTE: The purpose of this bill is to authorize the Environmental Quality Board to promulgate interpretive rules setting site specific water quality standards for coal remining operations.

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