Introduced Version
House Bill 2208 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2208
(By Delegates Manypenny, Longstreth and Perdue)
[Introduced February 13, 2013; referred to the
Committee on Energy, Industry and Labor, Economic
Development and Small Business then the Judiciary.]
A BILL to amend and reenact §22-11-8 of the Code of West Virginia,
1931, as amended, relating to prohibiting underground
injection of coal slurry in new permits or modifications and
renewals of existing permits.
Be it enacted by the Legislature of West Virginia:
That §22-11-8 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 11. WATER POLLUTION CONTROL ACT.
§22-11-8. Prohibitions; permits required.
(a) The secretary may, after public notice and opportunity for
public hearing, issue a permit for the discharge or disposition of
any pollutant or combination of pollutants into waters of this
state upon condition that the discharge or disposition meets or
will meet all applicable state and federal water quality standards and effluent limitations and all other requirements of this article
and article three, chapter twenty-two-b of this code.
(b) It is unlawful for any person, unless the person holds a
permit therefor from the department which is in full force, and
effect to:
(1) Allow sewage, industrial wastes or other wastes, or the
effluent therefrom, produced by or emanating from any point source,
to flow into the waters of this state;
(2) Make, cause or permit to be made any outlet or
substantially enlarge or add to the load of any existing outlet,
for the discharge of sewage, industrial wastes or other wastes, or
the effluent therefrom, into the waters of this state;
(3) Acquire, construct, install, modify or operate a disposal
system or part thereof for the direct or indirect discharge or
deposit of treated or untreated sewage, industrial wastes or other
wastes, or the effluent therefrom, into the waters of this state,
or any extension to or addition to the disposal system;
(4) Increase in volume or concentration any sewage, industrial
wastes or other wastes in excess of the discharges or disposition
specified or permitted under any existing permit;
(5) Extend, modify or add to any point source, the operation
of which would cause an increase in the volume or concentration of
any sewage, industrial wastes or other wastes discharging or
flowing into the waters of the state;
(6) Construct, install, modify, open, reopen, operate or
abandon any mine, quarry or preparation plant, or dispose of any
refuse or industrial wastes or other wastes from the mine or quarry
or preparation plant. Provided, That The department's permit is
only required wherever the aforementioned activities cause, may
cause or might reasonably be expected to cause a discharge into or
pollution of waters of the state, except that a permit is required
for any preparation plant. Provided, however, That Unless waived
in writing by the secretary, every application for a permit to
open, reopen or operate any mine, quarry or preparation plant or to
dispose of any refuse or industrial wastes or other wastes from the
mine or quarry or preparation plant shall contain a plan for
abandonment of the facility or operation, which plan shall comply
in all respects to the requirements of this article. The plan of
abandonment is subject to modification or amendment upon
application by the permit holder to the secretary and approval of
the modification or amendment by the secretary; or
(7) Operate any disposal well for the injection or reinjection
underground of any industrial wastes, including, but not limited
to, liquids or gases, or convert any well into such a disposal
well or plug or abandon any such disposal well.
(c) Where a person has a number of outlets emerging into the
waters of this state in close proximity to one another, the outlets
may be treated as a unit for the purposes of this section and only one permit issued for all the outlets.
(d) Notwithstanding any provision of this code to the
contrary, effective upon the enactment of this subsection by the
Legislature during the regular session of 2013, the issuance of new
permits, permit modifications or permit renewals for the
underground injection of coal slurry is prohibited.
NOTE: The purpose of this bill is to prohibit underground
injection of coal slurry in new permits, permit modifications and
permit renewals.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.