Senate Bill No. 631

(By Senators Snyder, Sharpe, Ross, Helmick, Bailey, Rowe, Chafin, Fanning, Plymale, Deem, Guills and Tomblin)

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[Introduced February 17, 2003; referred to the Committee on Energy, Industry and Mining.]

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A BILL to amend article one, 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 six-a, relating to requiring the director of the department of environmental protection to grant, require revision of, or deny all permits within ninety days from receiving a complete application.

Be it enacted by the Legislature of West Virginia:
That article one, 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 six-a, to read as follows:
ARTICLE 1. DIVISION OF ENVIRONMENTAL PROTECTION.
§22-1-6a. Approval, revision and denial of permits.
(a) Notwithstanding any provision of this code to the contrary, the director, upon receiving a complete application or significant revision or renewal thereof, shall grant, require revision of, or deny the application for a permit within ninety days and notify the applicant in writing of the decision: Provided, That any provision of this chapter that requires the director to grant, require revision of, or deny an application in less than ninety days shall remain valid. The applicant for a permit, or revision of a permit, has the burden of establishing that the application is in compliance with all requirements of this chapter and rules promulgated hereunder.



NOTE: The purpose of this bill is to require the director of the department of environmental protection to grant, require revision of or deny all permits within ninety days from receiving a complete application.

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