HOUSE RESOLUTION NO. 41

(By Delegates Hall, Mr. Speaker (Mr. Thompson), Anderson, Andes, Armstead, Ashley, Azinger, Barill, Barker, Boggs, Border, Butcher, Campbell, D., Campbell, T., Cann, Canterbury, Caputo, Carmichael, Cowles, Craig, Crosier, Diserio, Doyle, Duke, Ellem, Ellington, Evans, Ferns, Ferro, Fragale, Frazier, Gearheart, Givens, Hamilton, Hartman, Householder, Howell, Hunt, Iaquinta, Ireland, Jones, Kump, Lane, Lawrence, Longstreth, Mahan, Manchin, Manypenny, Marcum, Martin, Michael, Miley, Miller, C., Miller, J., Moore, Morgan, Moye, Nelson, O'Neal, Overington, Pasdon, Paxton, Perdue, Perry, Pethtel, Phillips, L., Phillips, R., Pino, Poling, D., Poling, M., Reynolds, Rodighiero, Romine, Rowan, Savilla, Shaver, Sigler, Skaff, Smith, Snuffer, Sobonya, Staggers, Stephens, Storch, Stowers, Sumner, Swartzmiller, Talbott, Varner, Walker, Walters, Wells, White and Williams)

Expressing concern regarding recent actions of the federal Environmental Protection Agency (EPA) and urging the EPA to exercise restraint and moderation in its regulation of the agriculture industry in this State and to strike a fair balance between protecting the environment and the need to maintain and expand opportunities for employment in the agriculture industry.

    Whereas, The West Virginia House of Delegates has great concern over the EPA's continued assault on industry in our State; and

    Whereas, West Virginia has faced an unprecedented attack on its coal industry by the EPA; and now agriculture in West Virginia is facing the same unwarranted scrutiny. The present attack is on the poultry industry in our Eastern Panhandle, with statewide implications for all agricultural operations; and

    Whereas, According to the most recent West Virginia Agricultural Statistics compiled by the National Agricultural Statistics Service, West Virginia Bulletin, Vol. 42, 20ll, cash receipts from farm sales of poultry and eggs was $240,886,000, which was 48.6% of the cash receipts received from the sale of all livestock products and crops ($495,624,000) in our state; and

    Whereas, Poultry is big business to West Virginia and that business is being threatened. One of many examples is incidental dust in storm water. Under the Clean Water Act, agriculture storm water is exempt. Therefore, rainfall around poultry houses that comes in contact with incidental dust should not be regulated, as it is not processed wastewater. Yet producers are being cited for such. Surprise inspections and threats of daily fines in the amount of $37,500 have many questioning whether or not they have a future in agriculture; and

    Whereas, The EPA continues to attempt to expand its control over all industries, in clear violation of the Clean Water Act, and persistently attempts to reissue guidelines and regulations which are clearly outside their boundaries, placing undue burdens such as those placed on the poultry industry in our State; therefore, be it

    Resolved by the House of Delegates:

    That the House hereby expresses its concern regarding recent actions of the federal Environmental Protection Agency and urges the EPA to exercise restraint and moderation in its regulation of the agriculture industry in this State and to strike a fair balance between protecting the environment and the need to maintain and expand opportunities for employment in the agriculture industry; and, be it

    Further Resolved, That the Clerk of the House of Delegates is hereby directed to forward a copy of this resolution to the Governor and the federal Environmental Protection Agency.