By Delegates Warner and Michael:
H. C. R. 24--"Expressing the concern of the West Virginia
Legislature over the transfer and abandonment of service by rail
common carriers on rights-of-way containing possible contaminants
and authorizing an interim study of the same."
Whereas, Rail common carriers have recently transferred,
abandoned and removed from service many miles of right-of-way or
real property in the State of West Virginia; and
Whereas, This abandonment of right-of-way has occurred without
known regard for any spraying, release, leak, discharge or use of
hazardous material and/or toxic materials which may have occurred
on the rail carriers right-of-way; and
Whereas, It is unknown if hazardous material or toxic
substance present on the rail right-of-way could have entered the
groundwater or surface water; and
Whereas, If hazardous materials or toxic substances are
present in groundwater or surface water the extent of impact on
aquatic, plant and animal life and the use of the property for
future industrial or recreational use is unknown; and
Whereas, Compliance with applicable laws and rules of the
Division of Environmental Protection on rail right-of-way on
which service has been terminated or which has been transferred
can only be determined by further study and analysis; therefore,
be it
Resolved by the Legislature of West Virginia:
That concern is expressed over the transfer and abandonmentof service by rail common carriers on rights-of-way containing
possible contaminants; and, be it
Further Resolved, That the Joint Committee on Government and
Finance conduct a study of possible contamination of these
abandoned rights-of-way and related problems; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 1996,
on its 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.