H. B. 2059
(By Delegate Kiss)
[Introduced February 10, 1993; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section fifteen, article five-h,
chapter twenty of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to underground
gasoline storage tanks and allowing the director of the
division of environmental protection to extend the time for
closure and compliance orders to become final for certain
owners who can demonstrate an intent to comply and who would
otherwise suffer financial hardship.
Be it enacted by the Legislature of West Virginia:
That section fifteen, article five-h, chapter twenty of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 5H. WEST VIRGINIA UNDERGROUND STORAGE TANK ACT.
§20-5H-15. Administrative orders; injunctive relief; requests
for reconsideration.
(a) Whenever on the basis of any information, the directordetermines that any person is in violation of any requirement of
this article, he may issue an order stating with reasonable
specificity the nature of the violation and requiring compliance
within a reasonable specified time period or the director may
commence a civil action in the circuit court of the county in
which the violation occurred or in the circuit court of Kanawha
County for appropriate relief, including a temporary or permanent
injunction. The director may, except as provided in subsection
(b) of this section, stay any order he issues upon application,
until the order is reviewed by the water resources board.
(b) Any person issued an order may file a notice of request
for reconsideration with the director not more than seven days
from the issuance of such order. The notice of request for
reconsideration shall identify the order to be reconsidered and
shall set forth in detail the reasons for which reconsideration
is requested. The director shall grant or deny the request for
reconsideration within twenty days of the filing of the notice of
request of reconsideration.
(c) If a responsible owner of an underground storage tank
can demonstrate to the director an intent to comply with closure
or compliance orders but because of financial hardship is unable
to accomplish complete compliance, the director may extend
compliance with the order for a period of not more than five
years.
NOTE: The purpose of this bill is to permit the Director ofthe Division of Environmental Protection to extend, for up to
five years, the time period required to meet closure or
compliance orders if the owners of underground gasoline storage
tanks demonstrate an intent to comply but are unable to do so
because of financial hardship.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
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