Senate Bill No. 544
(By Senator Plymale)
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[Introduced; referred to the Committee
on Natural Resources.]
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A BILL to amend and reenact section eleven, article eleven,
chapter twenty-two of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
authorizing the division of environmental protection to
reopen permits that are more stringent than federal
requirements.
Be it enacted by the Legislature of West Virginia:
That section eleven, article eleven, chapter twenty-two of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
ARTICLE 11. WATER POLLUTION CONTROL ACT.
§22-11-11. Procedure concerning permits required under article;
transfer of permits; prior permits.
(a) The chief or his or her duly authorized representatives
shall conduct such investigation as is deemed necessary and
proper in order to determine whether any such application should
be granted or denied. In making such investigation and
determination as to any application pertaining solely to sewage,
the chief shall consult with the director of the office of
environmental health services of the state bureau of public
health, and in making such investigation and determination as to
any application pertaining to any activity specified in
subdivision (7), subsection (b), section eight of this article,
the chief shall consult with the director of the state geological
and economic survey and the chief of the office of oil and gas of
the division, and all such persons shall cooperate with the chief
and assist him or her in carrying out the duties and
responsibilities imposed upon him or her under the provisions of
this article and the rules of the director and board; such
cooperation shall include, but not be limited to, a written
recommendation approving or disapproving the granting of the
permit and the reason or reasons for such recommendation, which
recommendation and the reason or reasons therefor shall be
submitted to the chief within the specified time period prescribed by rules of the director.
(b) The division's permit shall be issued upon such
reasonable terms and conditions as the chief may direct if: (1)
The application, together with all supporting information and
data and other evidence, establishes that any and all discharges
or releases, escapes, deposits and disposition of treated or
untreated sewage, industrial wastes or other wastes, or the
effluent therefrom, resulting from the activity or activities
for which the application for a permit was made will not cause
pollution of the waters of this state or violate any effluent
limitations or any rules of the board or director: Provided,
That the chief may issue a permit whenever in his or her judgment
the water quality standards of the state may be best protected by
the institution of a program of phased pollution abatement which
under the terms of the permit may temporarily allow a limited
degree of pollution of the waters of the state; and (2) in cases
wherein it is required, such applicant shall include the name and
address of the responsible agent as set forth in subsection (e),
section six, article six of this chapter.
(c) Each permit issued under this article shall have a fixed
term not to exceed five years: Provided, That when the applicant, in accordance with agency rules, has made a timely and
complete application for permit reissuance, the permit term may
be extended by the chief, at his or her discretion. An extension
may be granted for a period not to exceed twelve months beyond
its expiration date. Successive extensions may be granted for
periods not to exceed twelve months if the chief determines
additional time is necessary in order to process the application
for permit reissuance. Upon expiration of a permit, a new permit
may be issued by the chief upon condition that the discharges or
releases, escapes, deposits and disposition thereunder meet or
will meet all applicable state and federal water quality
standards, effluent limitations and all other requirements of
this article. The chief may revise a site-specific, general or
any other permit during its terms, to eliminate or modify any
requirement which is more stringent than a counterpart federal
requirement.
(d) An application for a permit incident to remedial action
in accordance with the provisions of section sixteen of this
article shall be processed and decided as any other application
for a permit required under the provisions of section eight of
this article.
(e) A complete application for any permit shall be acted
upon by the chief, and the division's permit delivered or
mailed, or a copy of any order of the chief denying any such
application delivered or mailed to the applicant by the chief,
within a reasonable time period as prescribed by rules of the
director.
(f) When it is established that an application for a permit
should be denied, the chief shall make and enter an order to that
effect, which order shall specify the reasons for such denial,
and shall cause a copy of such order to be served on the
applicant by registered or certified mail. The chief shall also
cause a notice to be served with a copy of such order, which
notice shall advise the applicant of the right to appeal to the
board by filing a notice of appeal on the form prescribed by the
board for such purpose, with the board, in accordance with the
provisions of, and within the time specified in, section seven,
article one, chapter twenty-two-b of this code. However, an
applicant may alter the plans and specifications for the proposed
activity and submit a new application for any such permit, in
which event the procedure hereinbefore outlined with respect to
an original application shall apply.
(g) A permit is transferable to another person upon proper
notification to the chief and in accordance with applicable
rules. Such transfer does not become effective until it is
reflected in the records of the office of water resources.
(h) All permits for the discharge of sewage, industrial
wastes or other wastes into any waters of the state issued by
the water resources board prior to July one, one thousand nine
hundred sixty-four, and all permits heretofore issued under the
provisions of former article five-a, chapter twenty of this code,
and which have not been heretofore revoked, are subject to
review, revocation, suspension, modification and reissuance in
accordance with the terms and conditions of this article and the
rules promulgated thereunder. Any order of revocation,
suspension or modification made and entered pursuant to this
subsection shall be upon at least twenty days' notice and shall
specify the reasons for such revocation, suspension or
modification and the chief shall cause a copy of such order,
together with a copy of a notice of the right to appeal to the
board as provided for in section twelve of this article, to be
served upon the permit holder as specified in said section
twelve.
NOTE: The purpose of this bill is to authorize the Chief of
the Office of Water Resources of the Division of Environmental
Protection to reopen a water pollution permit during its term to
eliminate or modify any requirement which is more stringent than
a counterpart federal requirement.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.