SENATE CONCURRENT RESOLUTION NO. 39
(By Senators Fanning, Love, Bowman and Deem)
_________
[Originating in the Committee on Natural Resources]
_________
Requesting the Joint Committee on Government and Finance study the
state's water quality standards.
Whereas, Water is a vital economic resource of equal or
greater importance than any other mineral or natural resource; and
Whereas, The state has a compelling interest in assuring that
the quality of its water resources is maintained in a manner that
both protects the state's natural resources and assures an adequate
supply of safe, usable water for domestic,
agricultural, commercial
and industrial purposes; and
Whereas, Water resources must be protected to meet the water
needs of the people while maintaining and improving the state's
natural systems; and
Whereas, The policy of the state is to maintain reasonable
standards of purity and quality of water in this state consistent
with: (1) Public health and public enjoyment of the water resource;
(2) propagation and protection of animal, bird, fish, aquatic and
plant life; and (3) expansion of employment opportunities,
maintenance and expansion of agriculture and provision of a permanent foundation for health and industrial development; and
Whereas, The management and protection of our substantial
water resources are carried out under federally delegated authority
through the Federal Water Pollution Control Act and the National
Pollutant Discharge Elimination System which require the state to
establish and implement water quality standards consistent with the
federal requirements; and
Whereas, The Environmental Quality Board is charged with the
responsibility of developing the water quality standards for the
state; and
Whereas, The water quality standards are complex and
scientific in nature and generate much debate and controversy
whenever amended or brought before the Legislature; therefore, be
it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Joint Committee on
Government and Finance study the state's water quality standards;
and, be it
Further Resolved, That the Joint Committee on Government and
Finance establish a Joint Committee on Water Quality Standards that
will undertake a comprehensive review of the state's water quality
standards, including, but not limited to:
1. Proposals to change the water quality standards as they
relate to specific parameters or constituents for which water must be tested under a National Pollutant Discharge Elimination System
permit;
2. Determination of which waters are trout streams for
purposes of inclusion or removal from a list of trout streams
contained in the water quality standards; and
3. The impact of the recent federal court cases on the
development, amendment and passage by the Legislature of the
state's water quality standards through the legislative rulemaking
process; and, be it
Further Resolved, That the Joint Committee on Water Quality
Standards be dedicated to comprehensively addressing West Virginia
water quality. The Committee shall consist of five members each
from the House of Delegates and the Senate, including the chairs of
the Judiciary, Finance and Natural Resources committees, to be
appointed by the Speaker of the House of Delegates and the
President of the Senate, with the cochairs appointed from the
appointees who do not chair the standing committees; and, be it
Further Resolved, That the Joint Committee on Water Quality
Standards shall have the following advisory members for the
purposes of providing technical information: A chemist or chemical
engineer, a biologist, a geologist, a hydrologist and a botanist.
The advisory members shall be selected from relevant governmental
agencies, including, but not limited to, the Department of
Environmental Protection, the Division of Natural Resources and the Department of Agriculture, together with representatives of
industry and the environmental community meeting the qualifications
set forth above. The advisory appointments shall be made by the
President of the Senate and the Speaker of the House of Delegates;
and, be it
Further Resolved, That the Joint Committee on Water Quality
Standards report to the Joint Committee on Government and Finance
on or before the thirty-first day of January, 2006, on the
Committee's findings, conclusions and recommendations, together
with drafts of any legislation necessary to effectuate its
recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.