Senate Bill No. 523
(By Senators Grubb and Chafin)
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[Introduced February 20, 1995;
referred to the Committee on Natural Resources.]
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A BILL to amend chapter twenty-two of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the regulation and control of dioxin and related toxic substances by the division of environmental protection; requiring that the division of environmental protection establish a monitoring program designed to detect the extent of dioxin and chlorinated organics contamination at certain water sites; requiring a detailed engineering report from each pulp mill, paper mill and wood treating facility discharging or using technology designed to discharge residual dioxin and related toxic substances.

Be it enacted by the Legislature of West Virginia:
That chapter twenty two of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new article, designated eighteen-a, to read as follows:
CHAPTER 22. ENVIRONMENTAL RESOURCES
Article 18A. Dioxin and Chlorinated Organics Control Act
§22-18A-1. Short Title.
This article may be known and cited as the "Dioxin and Chlorinated Organics Control Act".
§22-18A-2. Declaration of policy and purpose.
(a)The Legislature hereby declares and finds that exposure to dioxin compounds and related chlorinated organics have been found to cause cancer, genetic mutations, physiological malfunctions, including malfunction in reproduction or physical deformations, abnormalities, and even death in humans and other organisms. The Legislature further finds that dioxin and related chlorinated organics are often associated with the operation of certain pulp mills, paper mills, and wood treating facilities. Studies reveal that dioxin and related chlorinated organics are present at ambient levels at or near the concentrations that cause deleterious health effects in humans and other organisms.
(b)Therefore, it is hereby declared to be the public policy of the state and in the public interest to minimize the exposure of citizens of the state to dioxin and related toxic substances by requiring that industries most likely to discharge such toxic substances use the most advanced technology available.
§22-18A-3. Definitions.
Unless the context clearly requires a different meaning, as used in this article the terms:
(1)"Dioxin" means any polychlorinated dibenzo-para-dioxins, and any polychlorinated dibenzo-para-furans;
(2)"Director" means the director of the division of environmental protection or each other person to whom the director has delegated authority or duties pursuant to sections six or eight [§22-1-6 or §22-1-8], article one of this chapter; and
(3)"Division" means the division of environmental protection.
§22-18A-4. Dioxin and Chlorinated Organics Monitoring Program.
(a)The director or his or her authorized representative, employee or agent shall conduct a one-year monitoring program commencing on the first day of May, one thousand nine hundred and ninety five, in order to determine the nature and extent of dioxin and related chlorinated organics contamination in the waters and fisheries in the state as described in this section.
(b)The monitoring program shall be conducted in the following manner:
(1)A representative sample of wastewater treatment sludges from municipal wastewater treatment plants, bleached pulp mills, and wood treatment facilities must be selected by the director or his or her authorized representatives on the basis of known or likely dioxin or chlorinated organics contamination of their discharged effluent. The total number of facilities shall not exceed twelve;
(2)The sludge discharged from these facilities shall be sampled and tested for dioxin or chlorinated organics contamination at least once during each season of the year. The director shall specify which cogeners of dioxin will be analyzed; and
(3)A selection of fish representative of those specified as present in the receiving water shall be sampled and tested for dioxin and chlorinated organics contamination. A sufficient number of fish must be analyzed to provide a reasonable estimate of the level of contamination in the population of each body of water affected.
(c)The director shall coordinate the monitoring program established under this section with other dioxin and chlorinated organics monitoring programs conducted by the United States Environmental Protection Agency or dischargers of wastewater. The director shall seek to integrate the results of these other programs, as relevant, into the reports required by this section.
(d)The director shall report by the first day of August, one thousand nine hundred and ninety six, on the results of the monitoring program to the joint standing committee of the Legislature having jurisdiction over natural resources. The annual report must contain the director's conclusions as to the levels of dioxin and chlorinated organics contamination in the state's waters.
(e)The director shall assess the selected facilities for the cost of sample collection and analysis. Fees received under this section shall be paid into the state treasury into a special fund designated "The Hazardous Waste Management Fund" set forth in section twenty-two [§22-18-22, article eighteen of this chapter.

§22-18A-5. Discharge of dioxin and chlorinated organics; engineering reports by pulp mills, paper mills, and wood treating facilities; permits limiting discharge.
(a)The director shall require each pulp mill, paper mill, and wood treating facility discharging dioxin or related chlorinated organic or that contemplates using technology that creates residual dioxin or chlorinated organic compounds to conduct and submit an engineering report on the cost of installing technology designed to reduce the amount of dioxin or chlorinated organic compounds discharged or expected to be discharged into the waters and land of the state.
(b)The director may not issue a permit establishing limits to the discharge of dioxin or chlorinated organic compounds by a pulp mill, paper mill, or wood treating facility under any of the provisions of this chapter until he or she has made a determination based upon clear and convincing evidence that each pulp and paper mill and wood treating facility is using the most advanced technology necessary to minimize the discharge or emission of residual dioxin or chlorinated organic compounds. Provided, That any pulp or paper mill that is utilizing or intends to utilize technology that requires the application of elemental chlorine, chlorine dioxide or sodium hypochlorite in the pulp and paper bleaching process may not be issued a permit for the discharge of dioxin or chlorinated organic compounds and shall not be allowed to establish or construct a commercial or municipal facility within the state.

NOTE: The purpose of this bill is to minimize the exposure of citizens of the state to dioxin and related toxic substances by establishing a monitoring program and requiring that certain industries employ the most advanced technology available before being issued a permit by the division of environmental protection.