ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 2134
(By Delegates Gallagher, Douglas, Compton, Linch,
Faircloth and Riggs)
[Passed March 10, 1995; in effect from passage.]
AN ACT to amend and reenact sections one, two and three, article
one, chapter sixty-four of the code of West Virginia, one
thousand nine hundred thirty-one, as amended; and to amend
and reenact article three of said chapter, all relating
generally to the promulgation of administrative rules by the
various executive or administrative agencies and the
procedures relating thereto; the legislative mandate or
authorization for the promulgation of certain legislative
rules by various executive and administrative agencies of
the state; authorizing certain of the agencies to promulgate
certain legislative rules in the form that the rules were
filed in the state register; authorizing certain of the
agencies to promulgate legislative rules as amended by the
Legislature; authorizing certain of the agencies to promulgate legislative rules with various modifications
presented to and recommended by the legislative rule-making
review committee; authorizing the division of environmental
protection to promulgate legislative rules relating to the
requirements for determining conformity of general federal
actions to applicable air quality implementation plans
(general conformity), as modified; authorizing the division
of environmental protection to promulgate legislative rules
relating to emission standards for hazardous air pollutants
pursuant to 40 CFR Part 63, as modified; authorizing the
division of environmental protection to promulgate
legislative rules relating to standards of performance for
new stationary sources, as modified and amended;
authorizing the division of environmental protection to
promulgate legislative rules relating to permits for
construction and major modification of major stationary
sources of air pollution for the prevention of significant
deterioration, as modified; authorizing the division of
environmental protection to promulgate legislative rules
relating to requirements for determining conformity of
transportation plans, programs and projects developed,
funded or approved under title 23 U.S.C. or the federal transit act, to applicable air quality implementation plans,
as modified; authorizing the division of environmental
protection to promulgate legislative rules relating to the
prevention and control of air pollution from the operation
of coal preparation plants and coal handling operations, as
modified; authorizing the division of environmental
protection to promulgate legislative rules relating to the
prevention and control of air pollution from hazardous waste
treatment, storage or disposal facilities, as modified;
authorizing the division of environmental protection to
promulgate legislative rules relating to acid rain
provisions and permits, as modified; authorizing the
division of environmental protection to promulgate
legislative rules relating to emission standards for
hazardous air pollutants pursuant to 40 CFR Part 61, as
modified; authorizing the division of environmental
protection to promulgate legislative rules relating to
provisions for determination of compliance with air quality
management rules, as modified; authorizing the division of
environmental protection to promulgate legislative rules
relating to the prevention and control of air pollution from
the combustion of refuse, as modified; authorizing the division of environmental protection to promulgate
legislative rules relating to dam safety, as modified and
amended; authorizing the division of environmental
protection to promulgate legislative rules relating to
regulations governing environmental laboratories
certification and standards of performance, as modified;
authorizing the division of environmental protection to
promulgate legislative rules relating to the state water
pollution control revolving fund program, as modified;
authorizing the environmental quality board to promulgate
legislative rules relating to the requirements governing
water quality standards, as modified; authorizing the
division of environmental protection to promulgate
legislative rules relating to underground storage tanks;
authorizing the division of environmental protection to
promulgate legislative rules relating to hazardous waste
management, as modified; authorizing the division of
environmental protection to promulgate legislative rules
relating to the standards for certification of
blasters-surface coal mines, as modified and amended;
authorizing the division of environmental protection to
promulgate legislative rules relating to abandoned mine lands and reclamation, as modified; authorizing the solid
waste management board to promulgate legislative rules
relating to the disbursement of grants to solid waste
authorities; authorizing the division of environmental
protection to promulgate legislative rules relating to the
prevention and control of particulate air pollution from
combustion of fuel in indirect heat exchangers, as amended;
and authorizing the division of environmental protection to
promulgate legislative rules relating to surface coal mining
and reclamation, as amended."
Be it enacted by the Legislature of West Virginia:
That sections one, two and three, article one, chapter
sixty-four of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, be amended and reenacted; and
that article three of said chapter be amended and reenacted, all
to read as follows:
ARTICLE 1. GENERAL LEGISLATIVE AUTHORIZATION.
§64-1-1. Legislative authorization.
Under the provisions of article three, chapter twenty-nine-a
of the code of West Virginia, the Legislature expressly authorizes
the promulgation of the rules described in articles two through
ten of this chapter, subject only to the limitations set forth with
respect to each such rule in the section or sections of this chapter authorizing its promulgation. The Legislature declares
that all rules now or hereafter authorized under articles two
through ten of this chapter are within the legislative intent of
the statute which the rule is intended to implement, extend, apply
or interpret. Legislative rules promulgated pursuant to the
provisions of articles one through ten of this chapter in effect at
the effective date of this section shall continue in full force and
effect until reauthorized in this chapter by legislative enactment,
or until amended by emergency rule pursuant to the provisions of
article three, chapter twenty-nine-a of this code.
§64-1-2. Effective date of rules.
The effective date of the legislative rules authorized in
articles two through ten of this chapter shall be governed by the
provisions of section thirteen, article three, chapter
twenty-nine-a, unless the agency promulgating the rules establishes
an effective date which is earlier than that provided by section
thirteen, article three, chapter twenty-nine-a, in which case the
effective date established by the agency shall control, unless the
Legislature in the bill authorizing the rules establishes an
effective date for such rules in which case the effective date
established by the Legislature shall control.
§64-1-3. Technical deficiencies waived.
The Legislature declares each legislative rule now or
hereafter authorized under articles two through ten of this chapter
to have been validly promulgated notwithstanding any failure to
comply with any requirement of chapter twenty-nine-a for the
promulgation of rules at any stage of the promulgation process
prior to authorization by the Legislature in articles two through
ten of this chapter.
ARTICLE 3. AUTHORIZATION FOR BUREAU OF ENVIRONMENT TO
PROMULGATE LEGISLATIVE RULES.
§64-3-1. Division of environmental protection.
(a) The legislative rules filed in the state register on the
twelfth day of August, one thousand nine hundred ninety-four,
modified by the division of environmental protection to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-third day of November,
one thousand nine hundred ninety-four, relating to the division of
environmental protection (requirements for determining conformity
of general federal actions to applicable air quality implementation
plans (general conformity), 45 CSR 35), are authorized.
(b) The legislative rules filed in the state register on the twelfth day of August, one thousand nine hundred ninety-four,
modified by the division of environmental protection to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-third day of November,
one thousand nine hundred ninety-four, relating to the division of
environmental protection (emission standards for hazardous air
pollutants pursuant to 40 CFR Part 63, 45 CSR 34), are authorized.
(c) The legislative rules filed in the state register on the
twelfth day of August, one thousand nine hundred ninety-four,
modified by the division of environmental protection to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-third day of November,
one thousand nine hundred ninety-four, relating to the division of
environmental protection (standards of performance for new
stationary sources, 45 CSR 16), are authorized with the amendment
set forth below:
"On page two, section 4, subsection 4.1, subdivision 4.1.i, by
striking out 'Part 60.195(b)' and inserting in lieu thereof 'Part
60.194(d)';
On page two, section 4, subsection 4.1., subdivision 4.1.k, by striking out 'Part 60.335(a)(1)(i)' and inserting in lieu thereof
'Part 60.335(f)(1)';
And,
On page two, section 4, after subdivision 'k', by inserting a
new subdivision to read as follows:
'l. Part 60.335(f)(1).'"
(d) The legislative rules filed in the state register on the
fifteenth day of August, one thousand nine hundred ninety-four,
modified by the division of environmental protection to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the nineteenth day of December,
one thousand nine hundred ninety-four, relating to the division of
environmental protection (permits for construction and major
modification of major stationary sources of air pollution for the
prevention of significant deterioration, 45 CSR 14), are
authorized.
(e) The legislative rules filed in the state register on the
twelfth day of August, one thousand nine hundred ninety-four,
modified by the division of environmental protection to meet the
objections of the legislative rule-making review committee and refiled in the state register on the twenty-third day of November,
one thousand nine hundred ninety-four, relating to the division of
environmental protection (requirements for determining conformity
of transportation plans, programs and projects developed, funded or
approved under title 23 U.S.C. or the federal transit act, to
applicable air quality implementation plans, 45 CSR 36), are
authorized.
(f) The legislative rules filed in the state register on the
twelfth day of August, one thousand nine hundred ninety-four,
modified by the division of environmental protection to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-ninth day of December,
one thousand nine hundred ninety-four, relating to the division of
environmental protection (to prevent and control air pollution from
the operation of coal preparation plants and coal handling
operations, 45 CSR 5), are authorized.
(g) The legislative rules filed in the state register on the
thirteenth day of September, one thousand nine hundred ninety-four,
modified by the division of environmental protection to meet the
objections of the legislative rule-making review committee and refiled in the state register on the twelfth day of January, one
thousand nine hundred ninety-five, relating to the division of
environmental protection (to prevent and control air pollution from
hazardous waste treatment, storage or disposal facilities, 45 CSR
25), are authorized.
(h) The legislative rules filed in the state register on the
twelfth day of August, one thousand nine hundred ninety-four,
modified by the division of environmental protection to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-third day of November,
one thousand nine hundred ninety-four, relating to the division of
environmental protection (acid rain provisions and permits, 45 CSR
33), are authorized.
(i) The legislative rules filed in the state register on the
twelfth day of August, one thousand nine hundred ninety-four,
modified by the division of environmental protection to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-third day of November,
one thousand nine hundred ninety-four, relating to the division of
environmental protection (emission standards for hazardous air pollutants pursuant to 40 CFR Part 61, 45 CSR 15), are authorized.
(j) The legislative rules filed in the state register on the
twelfth day of August, one thousand nine hundred ninety-four,
modified by the division of environmental protection to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-third day of November,
one thousand nine hundred ninety-four, relating to the division of
environmental protection (provisions for determination of
compliance with air quality management rules, 45 CSR 38), are
authorized.
(k) The legislative rules filed in the state register on the
twelfth day of August, one thousand nine hundred ninety-four,
modified by the division of environmental protection to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-third day of November,
one thousand nine hundred ninety-four, relating to the division of
environmental protection (to prevent and control air pollution from
combustion of refuse, 45 CSR 6), are authorized.
(l) The legislative rules filed in the state register on the
fifteenth day of August, one thousand nine hundred ninety-four, modified by the division of environmental protection to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the fourth day of January, one
thousand nine hundred ninety-five, relating to the division of
environmental protection (dam safety, 47 CSR 34), are authorized
with the amendments set forth below:
On page 9, section §47-34-3, by striking out 3.5.2.c.A, and
substituting therefor the following:
"3.5.2.c.A. An impoundment exceeding forty (40) feet in
height or four hundred (400) acre-feet storage volume shall not be
classified as a Class 3 dam."
On pages 17 and 18, section §47-34-7, at the end of section
7.1.1.b.C. by adding the following:
"The design precipitation for a Class 3 dam may be reduced
based on Risk Assessment pursuant to paragraph 3.5.4 of this rule,
but in no case to less than a P
100 rainfall of six (6) hours in
duration."
On page 40, section §47-34-13, by striking out section 13.2
and substituting therefor the following:
"Performance Requirements - All dams completed before July 1, 1973, shall meet the applicable design requirements of Section 7 of
this rule. Those dams which do not meet the applicable design
requirement of Section 7 of this rule shall be modified, breached,
removed, or properly abandoned pursuant to the provisions of this
rule. In developing the required plans, specifications, and
documentation necessary to bring the structure into conformity with
section 7 of this rule, the design engineer may consider in his
submitted analyses, peculiarities and local conditions for each
impounding structure with recognition of the many factors involved,
some of which may not be precisely known. Existing construction
documentation and the historical performance of the structure
including documented storms and spillway flows may be considered by
the engineer as part of the evaluation of the structure. Upon
approval by the Director of the plans, specifications, and
documentation submitted by the engineer, the Director may issue a
certificate of approval."
(m) The legislative rules filed in the state register on the
fifteenth day of August, one thousand nine hundred ninety-four,
modified by the division of environmental protection to meet the
objections of the legislative rule-making review committee and refiled in the state register on the eleventh day of January, one
thousand nine hundred ninety-five, relating to the division of
environmental protection (regulations governing environmental
laboratories certification and standards of performance, 47 CSR
32), are authorized.
(n) The legislative rules filed in the state register on the
twenty-eighth day of February, one thousand nine hundred
ninety-four, modified by the division of environmental protection
to meet the objections of the legislative rule-making review
committee and refiled in the state register on the twenty-eighth
day of July, one thousand nine hundred ninety-four, relating to the
division of environmental protection (state water pollution control
revolving fund program, 47 CSR 31), are authorized.
(o) The legislative rules filed in the state register on the
fifteenth day of August, one thousand nine hundred ninety-four,
relating to the division of environmental protection (underground
storage tanks, 47 CSR 36), are authorized.
(p) The legislative rules filed in the state register on the
fifteenth day of August, one thousand nine hundred ninety-four,
modified by the division of environmental protection to meet the objections of the legislative rule-making review committee and
refiled in the state register on the thirteenth day of January, one
thousand nine hundred ninety-five, relating to the division of
environmental protection (hazardous waste management regulations,
47 CSR 35), are authorized.
(q) The legislative rules filed in the state register on the
twenty-second day of July, one thousand nine hundred ninety-four,
modified by the division of environmental protection to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-ninth day of August,
one thousand nine hundred ninety-four, relating to the division of
environmental protection (standards for certification of
blasters-surface coal mines, 38 CSR 2C), are authorized with the
amendments set forth below:
On page 4, section 38.2C.4, after the words "Form MR-30-TR."
by inserting a second paragraph to read as follows:
"In lieu of completing the training program, the applicant for
certification or re-certification may complete a self-study course
using the study guide and other materials available from the
Division of Environmental Protection."
On page 8, subsection 8.2, after the words "refresher training
course" by inserting the phrase "or complete the self-study
course."
On page 8 at subsection 10.1 by striking out the phrase "a
cessation order and/or take other action as provided in West
Virginia Code 22-3-16 and 17" and the phrase "the provisions of
West Virginia Code 22-3-1 et seq., rules promulgated under that
article, or".
On page 9, subsection 11.1, by striking out the subsection and
inserting in lieu thereof a new subsection to read as follows:
"11.1.
Suspension - Upon service of a written notice of violation
by the Director to a certified blaster, the Director may suspend
his or her certification. Prior to the issuance of such an order,
the certified blaster shall be granted a hearing before the
Director to show cause why his or her certification should not be
suspended."
On page 9, subsection 11.2, by striking out the phrase "or
cessation order" in the first sentence.
On page 9, Section 12, by striking out the phrase "cessation
order".
(r) The legislative rules filed in the state register on the
fifteenth day of August, one thousand nine hundred ninety-four,
modified by the division of environmental protection to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the sixth day of January, one
thousand nine hundred ninety-five, relating to the division of
environmental protection (rules and regulations relating to
abandoned mine lands and reclamation, 38 CSR 2D), are authorized.
(s) The Legislature hereby authorizes and directs the division
of environmental protection to promulgate the legislative rules
filed in the state register on February, seventh, one thousand nine
hundred ninety-five, relating to the prevention and control of
particulate air pollution from combustion of fuel in indirect heat
exchangers, 45 CSR 2, effective the * day of *, one thousand nine
hundred ninety-five, with the amendments set forth below:
On page eight, section 3.4(e) after the word "operated" by adding
the words "at normal operating loads";
And,
On page thirteen, section 9.4 by striking the words "monthly or",
and, following the words "quarterly basis" by striking the word "as"; and by inserting the words "unless otherwise" following the
words "quarterly basis" .
And,
On page thirteen, by creating a new section, designated section
"45.2.10. Variances.
10.1. In the event of an unavoidable shortage of fuel having
characteristics or specifications necessary for a fuel burning unit
to comply with the opacity standards set forth in section 3 or any
emergency situation or condition creating a threat to public safety
or welfare, the Director may grant an exception to the otherwise
applicable visible emission standards for a period not to exceed
fifteen (15) days, provided that visible emissions during the
exception period do not exceed a maximum six (6) minute average of
thirty (30) percent and that a reasonable demonstration is made by
the owner or operator that the emission standards under section 4
of this rule will not be exceeded during the exemption period."
10.2. In the event a fuel burning unit employing a flue gas
desulphurization system must by-pass such system because of
necessary planned or unplanned maintenance, visible emissions may
not exceed twenty percent (20%) opacity during such period of maintenance. The Director may require advance notice of necessary
planned maintenance, including a description of the necessity of
the maintenance activity and its expected duration and may limit
the duration of the variance or the amount of the excess opacity
exception herein allowed. The Director shall be notified of
unplanned maintenance and may limit the duration of the variance or
the amount of excess opacity exception allowed during unplanned
maintenance.
And, by renumbering subsequent sections.
(t) The legislative rules filed in the state register on the
nineteenth day of August, one thousand nine hundred ninety-four,
relating to the division of environmental protection (surface
mining and reclamation regulations, 38 CSR 2), are authorized "with
the amendments set forth below"
On pages 2 and 3, by striking out subsections 1.6, 1.7 and 1.8
in their entirety;
On page 6, by inserting a new subsection 2.20, to read as
follows, and renumbering subsequent subsections;
"Chemical Treatment means - the treatment of water from a
surface coal mining operation using chemical reagents such as but not limited to sodium hydroxide, calcium carbonate, or anhydrous
ammonia for purposes of meeting applicable state and federal
effluent limitations. Chemical treatment does not include passive
treatment systems such as but not limited to limestone drains,
wetlands, alkaline addition, application of flyash, agricultural
lime, or injection of flyash, limestone, or other minerals into
underground coal operations."
On page 16, section 2, by striking out subsection 2.92 and
renumbering the subsequent subsections.
On page 25, by striking the second paragraph of subsection 3.1
(o) and inserting in lieu thereof a new second paragraph 3.1 of
subsection 3.1 (o), to read as follows: "Any permit application
which references an approved centralized ownership and control file
may be determined to be complete and accurate for the purposes of
this subsection. Each centralized ownership and control file shall
at a minimum:"
On page 63, by striking out subsection 3.25 (e).
On page 63, by striking out the first sentence in subsection
3.26, and inserting in lieu thereof the following:
"(a) All changes including name changes, replacements, and additions to the ownership or control data relative to a permittee
or assignee who will function as an operator pursuant to the
provisions of paragraph (c) of subsection 3.25 of this rule shall
be reported to the Director."
On page 64, after subsection 3.26 (a) (5) by inserting a new
subsection 3.26 (a) (6) to read as follows:
"(6) In the event that a permittee or operator has incurred
no changes in its ownership and control information and therefore
has not been obligated to file a report within any consecutive
twelve-month period, that permittee or operator is required to
notify the Director in writing that no changes to the information
required by paragraphs (b), (c), (d), and (i) of subsection 3.1 of
this rule have occurred."
On page 64, by striking out subsection 3.27 (a) and inserting
in lieu thereof the following:
"(a) All active surface mining operations shall be subject to
the renewal requirements and provisions for issuance of a renewal
discussed in Section 19 of the Act:
Provided, That the Director may
waive the requirement for renewal if the permittee certifies in
writing that all coal extraction is completed, that all backfilling and regrading will be completed within sixty (60) days prior to the
expiration date of the permit, and that an application for Phase I
bond release will be filed prior to the expiration date of the
permit. Failure of the permittee complete backfilling and
regrading within sixty (60) days prior to the expiration date of
the permit will nullify the waiver.
Those operations which have been granted inactive status in
accordance with subsection 14.11 of this rule shall also be subject
to the renewal requirements of Section 19 of the Act.
Applications for renewal shall be filed on forms provided by
the Director and shall contain at a minimum the following
information:"
On page 79, by striking out subsection 3.32 (i) and
renumbering the remaining subsections.
On page 80, subsection 3.34 (b) after the word "criteria" by
inserting the words "paragraph (b) of subsection 3.32 of this
section";
On page 80, by striking out subsection 3.34 (b) (3) and
substituting therefor a new subsection 3.34 (b) (3), to read as
follows: "(3) The permittee was linked to a violation, penalty or
fee through ownership or control, under the violation review
criteria, paragraph (b) of subsection 3.32 of this section at the time the permit was issued and an ownership or control link between
the permittee and the person responsible for the violation, penalty
or fee still exists, or when the link was severed the permittee
continues to be responsible for the violation, penalty or fee."
On page 82, by striking out subsection 3.34 (g) and
substituting therefor a new subparagraph (g) to read as follows:
"(g) For purposes of this subsection, a permit is issued when
it is originally approved, as well as when a transfer, assignment,
or sale of permit rights is approved pursuant to paragraphs (a) or
(c), subsection 3.25 of this rule, or where a permit is revised
pursuant to subsection 3.26 of this rule."
On page 86, at the end of subsection 4.4, by adding the
following sentence: "Prospecting roads are to be designed,
constructed, maintained, and reclaimed in accordance with the
provisions of subsection 13.6 of this rule."
On page 88, by inserting a new subsection 4.7 (a) (1) to read
as follows: (1) minimize downstream sedimentation and flooding and
renumbering the remaining subsections.
On page 92, subsection 4.12, by inserting a new sentence
between the second and third sentence which reads as follows:
"Where the certification statement indicates a change from the
design standards or construction requirements approved in the
permit, such changes will be documented in as-built plans and submitted for approval to the Director as a permit revision."
On Page 148, section 11.6 (a) in the underscored language,
after the word, "completed" by inserting the words "or nearly
completed".
On Page 223, by striking out subsection 14.14 (g) (8) and
inserting in lieu thereof a new subsection 14.14 (g) (8), to read
as follows: "(8) Surface water runoff from areas above and
adjacent to the fill shall be diverted into properly designed and
constructed stabilized diversion channels which have been designed
using best current technology to safely pass the peak runoff from
a 100 year, 24-hour precipitation event. The channel shall be
designed and constructed to ensure stability of the fill, control
erosion, and minimize water infiltration into the fill."
On Page 232, by inserting a new subsection, designated
subsection 14.19 (d) to read as follows: "(d) Timber from
clearing and grubbing operations may be wind-rowed below the
projected toe of the outslope in a manner that will provide shelter
and habitat for game and non-game wildlife and provide for enhanced
sediment control. These materials may not be placed in natural
water courses or where they will be covered by spoil material at
the toe of the outslope. The wind-rows must be of relatively uniform height and width and must be more or less evenly
distributed along the lower reaches and within the permit area."
On Page 240, subsection 17.1, in the first sentence, after the
words "mining and reclamation," by striking out the remainder of
the paragraph and substituting therefor the following: "required
by the Act and these Rules, including the engineering analyses and
designs; the development of cross-section maps and plans; the
geologic drilling and statement of results of test borings and core
samplings; preblast surveys; the collection of site-specific
resource information and production of protection and enhancement
plans for fish and wildlife habitats and other environmental
values; and the collection of archaeological and historical
information; and any other archaeological and historical
information required by the federal department of the interior and
the preparation of plans that may be necessitated thereby; and the
director shall provide or assume the cost of training coal
operators that meet the qualifications concerning the preparation
of permit applications and compliance with the regulatory program,
and shall ensure that qualified coal operators are aware of the
assistance available under this section.
On Page 240, subsection 17.1, after the first paragraph by
inserting a new paragraph, to read as follows: "The Director will
develop a procedure for the interstate coordination and exchange of
information collected under the Small Operators Assistance Program."
On Page 241, by striking out subsection 17.4 in its entirety
and substituting therefor the following: "17.4 Request for
Assistance. Each applicant requesting assistance shall provide
information on forms provided by the director in an application
that shall be clear and concise and shall be provided in a format
prescribed by the Director and/or a format required by the Federal
Office of Surface Mining Reclamation and Enforcement."
On Page 249, subsection 17.7 (a) (4), after the words "twelve
(12) month period" by striking the remainder of the sentence and
inserting in lieu thereof the words "immediately following permit
issuance."
On page 273, subsection 20.6 (a), after the word "first" by
striking out the words "thirty (30)" and inserting in lieu thereof
the word "fifteen".
On page 273, subsection 20.6 (c), after the words "date of
the" by striking out the words "Assessment Officer receiving the
finding specified in paragraph (a) of this subsection." and
inserting in lieu thereof the words "issuance of a notice or
order";
On page 274, subsection 20.6 (d), by striking out the first
sentence, and inserting in lieu thereof the following: "The time
and place of an informal assessment conference shall be posted at
the Department of Environmental Protection Office nearest to the operation.
§64-3-2. Environmental boards.
(a) The legislative rules filed by the environmental quality
board in the state register on the fifteenth day of August, one
thousand nine hundred ninety-four, under the authority of section
four, article three, chapter twenty-two-b of this code, modified by
the environmental quality board to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the twelfth day of January, one thousand nine hundred
ninety-five, relating to the division of environmental protection
(requirements governing water quality standards, 46 CSR 1), are
authorized.
(b) The legislative rules filed by the solid waste management
board in the state register on the fourth day of August, one
thousand nine hundred ninety-four, under the authority of section
six, article three, chapter twenty-two-c of this code, relating to
the solid waste management board (regulating for the disbursement
of grants to solid waste authorities, 54 CSR 5), are authorized.