Introduced Version
House Bill 2593 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2593
(By Delegates Eldridge, Phillips, R., Stowers, Tomblin,
White, Marcum, Nelson, E., Nelson, J., Raines, Skaff and Craig)
[Introduced February 21, 2013; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §22-11-6 of the Code of West Virginia,
1931, as amended, relating to establishing a water
quality-based effluent limit for selenium discharges from coal
mining operations into waters supporting aquatic life to 30
ppb, or .030 mg/L
Be it enacted by the Legislature of West Virginia:
That §22-11-6 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 11. WATER POLLUTION CONTROL ACT.
§22-11-6. Requirement to comply with standards of water quality
and effluent limitations.
All persons affected by rules establishing water quality
standards and effluent limitations shall promptly comply therewith:
Provided, That:
(1) Where necessary and proper, the secretary may specify a
reasonable time for persons not complying with such standards and limitations to comply therewith, and upon the expiration of any
such period of time, the secretary shall revoke or modify any
permit previously issued which authorized the discharge of treated
or untreated sewage, industrial wastes or other wastes into the
waters of this state which result in reduction of the quality of
such waters below the standards and limitations established
therefor by rules of the board or secretary;
(2) Notwithstanding any rule or permit condition to the
contrary, and except for any standard imposed under section 307 of
the federal Water Pollution Control Act for a toxic pollutant
injurious to human health, compliance with a permit issued pursuant
to this article shall be deemed compliance for purposes of both
this article and sections 301, 302, 306, 307 and 403 of the federal
Water Pollution Control Act. Nothing in this section, however,
prevents the secretary from modifying, reissuing or revoking a
permit during its term. The provisions of this section addressing
compliance with a permit are intended to apply to all existing and
future discharges and permits without the need for permit
modifications. However, should any such modification be necessary
under the terms of this article, then the secretary shall
immediately commence the process to effect such modifications; and
(3) The Legislature finds that there are concerns within West
Virginia regarding the applicability of the research underlying the
federal selenium criteria to a state such as West Virginia which has high precipitation rates and free-flowing streams and that the
alleged environmental impacts that were documented in applicable
federal research have not been observed in West Virginia and,
further, that considerable research is required to determine if
selenium is having an impact on West Virginia streams, to validate
or determine the proper testing methods for selenium and to better
understand the chemical reactions related to selenium mobilization
in water.
(A) For existing NPDES permits, the department may extend the
time period for achieving water quality-based effluent limits for
selenium discharges into waters supporting aquatic life uses to
July 1, 2012, upon compliance with all federally required public
notice requirements for such modifications, upon a finding that the
permittee cannot comply with its existing compliance schedule and
that an extension is not in violation of any state or federal laws,
rules or regulations.
(B) The West Virginia Department of Environmental Protection
is hereby directed to undertake a comprehensive study relating to
selenium and prepare a report detailing such findings and
submitting the report to the Joint Committee on Government and
Finance no later than January 1, 2010. In conducting such study,
the West Virginia Department of Environmental Protection shall
consult with, among others, West Virginia University and the West
Virginia Water Research Institute.
(C) Notwithstanding any other provision in this code or in the
regulations to the contrary, there is hereby established a water
quality-based effluent limit for selenium discharges from coal
mining operations into waters supporting aquatic life of 30 ppb,
or,.030 mg/L.
NOTE: The purpose of this bill is to establish a water
quality-based effluent limit for selenium discharges from coal
mining operations into waters supporting aquatic life of 30 ppb,
or,.30 mg/L.
Strike-throughs indicate language that would be stricken from
the present law and underscoring indicates new language that would
be added.