Bill-DNR, Wild Boar
H. B. 2387
(By Delegate Gallagher)
[Introduced March 1, 1993; referred to the
Committee on Agriculture and Natural Resources
then the Judiciary.]
A BILL to amend and reenact section eight, article three, chapter
sixty-four of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to authorizing the
division of natural resources to promulgate legislative
rules relating to wild boar hunting.
Be it enacted by the Legislature of West Virginia:
That section eight, article three, chapter sixty-four of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted, to read as follows:
ARTICLE 3. AUTHORIZATION FOR DEPARTMENT OF COMMERCE, LABOR AND
ENVIRONMENTAL RESOURCES TO PROMULGATE LEGISLATIVE RULES.
§64-3-8. Division of natural resources.
(a) The legislative rules filed in the state register on the
eighth day of December, one thousand nine hundred eighty-three,
relating to the department of natural resources (surface mining),
are authorized with the amendments set forth below:
Page 3-4, §3E.01 by adding after the word "engineer" thewords "or licensed land surveyor."
Page 3-5, §3E.02, subsection (a), by adding after the word
"mining" the words "or civil."
And,
Page 3-5, §3E.02, subsection (b), by adding after the first
sentence -- "Those persons who have been approved to date need
not make said demonstration."
(b) The legislative rules filed in the state register on the
twentieth day of January, one thousand nine hundred eighty-four,
relating to the department of natural resources (solid waste
management), are authorized with the amendments set forth below:
Page 9, section 4.04, line five, add the following
paragraph:
"Upon request of any applicant, the division shall meet with
the applicant for prefiling review of the application. The
division, with the cooperation of the solid waste authority,
shall assist the applicant in preparing a complete and proper
application which would not be rejected as incomplete."
On page 15, section 6.03(c)(1) in the first full sentence,
after the word "cease", strike the remainder of the sentence and
insert in lieu thereof the words "within fifteen (15) days of
receipt of an order of suspension" and in the second sentence
strike the word "recommence" and insert the words "continue
beyond fifteen (15) days"; (c)(2) in the first full sentence,
after the word "cease" by striking out the remainder of the
sentence and insert in lieu thereof the words "immediately upon
receipt of an order of revocation."
(c) The legislative rules filed in the state register on thetwenty-sixth day of September, one thousand nine hundred eighty-
four, relating to the department of natural resources (public use
of state parks, forests, hunting and fishing areas), are
authorized.
(d) The legislative rules filed in the state register on the
seventh day of November, one thousand nine hundred eighty-four,
relating to the department of natural resources (surface mining
reclamation), are authorized.
(e) The legislative rules filed in the state register on the
seventh day of November, one thousand nine hundred eighty-four,
relating to the department of natural resources (coal refuse
disposal), are authorized.
(f) The legislative rules filed in the state register on the
ninth day of November, one thousand nine hundred eighty-four,
relating to the department of natural resources (transfer of the
state national pollutant discharge elimination system program),
are authorized with the amendment set forth below:
Page 10-5, by striking §10B.19 and inserting in lieu thereof
a new §10B.19, to read as follows: "'Effluent limitations
guidelines' means a regulation published by the Administrator
under Section 304(b) or Section 301(b)(1)(B) of the CWA to adopt
or revise effluent limitations or levels of effluent quality
attainable through the application of secondary or equivalent
treatment. For the coal industry these regulations are published
at 40 C.F.R. Parts 434 and 133. (See: Appendix G and H)."
(g) The legislative rules filed in the state register on the
twenty-eighth day of August, one thousand nine hundred eighty-
four, relating to the department of natural resources (small armshunting), are authorized.
(h) The legislative rules filed in the state register on the
sixth day of January, one thousand nine hundred eighty-four,
relating to the department of natural resources (hazardous waste
management), are authorized.
(i) The legislative rules filed in the state register on the
third day of December, one thousand nine hundred eighty-four,
modified by the department of natural resources to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the thirteenth day of February,
one thousand nine hundred eighty-five, relating to the department
of natural resources (hazardous waste management), are
authorized.
(j) The legislative rules filed in the state register on the
tenth day of October, one thousand nine hundred eighty-five,
relating to the department of natural resources (hazardous waste
management: Small quantity generators and waste minimization
certification), are authorized with the amendment set forth
below:
On page 1, §3.1.4b, delete the word "or" in the reference to
"paragraph (g) or (j)" and insert in lieu thereof the words "and,
if applicable."
(k) The legislative rules filed in the state register on the
ninth day of September, one thousand nine hundred eighty-five,
relating to the department of natural resources (WV/NPDES
regulations for the coal mining point source category and related
sewage facilities), are authorized.
(l) The legislative rules filed in the state register on theeleventh day of December, one thousand nine hundred eighty-five,
modified by the department of natural resources to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twentieth day of February,
one thousand nine hundred eighty-six, relating to the department
of natural resources (hazardous waste management), are
authorized.
(m) The legislative rules filed in the state register on the
twenty-sixth day of September, one thousand nine hundred eighty-
six, modified by the department of natural resources to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the ninth day of December, one
thousand nine hundred eighty-six, relating to the department of
natural resources (hazardous waste management regulations), are
authorized.
(n) The legislative rules filed in the state register on the
seventh day of August, one thousand nine hundred eighty-six,
relating to the director of the department of natural resources
(procedures for transporting and dealing in furbearing animals),
are authorized.
(o) The legislative rules filed in the state register on the
thirtieth day of December, one thousand nine hundred eighty-six,
relating to the department of natural resources (WV/NPDES program
for coal mines and preparation plants, and the refuse and waste
therefrom), are authorized with the amendments set forth below:
On page four, §1.9.1.a by inserting the words "five thousand
dollars or" after the words "'significant portion of income'
means."
And,
On page four, §1.9.1.a by inserting the words "whichever is
less," after the words "ten percent or more of gross personal
income for a calendar year."
(p) The legislative rules filed in the state register on the
fifth day of March, one thousand nine hundred eighty-six,
relating to the department of natural resources (hazardous waste
management), are authorized.
(q) The legislative rules filed in the state register on the
twelfth day of August, one thousand nine hundred eighty-seven,
relating to the department of natural resources (WV/NPDES
regulations for coal mining facilities), are authorized.
(r) The legislative rules filed in the state register on the
tenth day of June, one thousand nine hundred eighty-seven,
relating to the director of the department of natural resources
(outfitters and guides), are authorized.
(s) The legislative rules filed in the state register on the
ninth day of January, one thousand nine hundred eighty-seven,
relating to the department of natural resources (hazardous waste
management regulations), are authorized.
(t) The legislative rules filed in the state register on the
fifth day of March, one thousand nine hundred eighty-seven,
relating to the department of natural resources (hazardous waste
management regulations, series 35), are authorized.
(u) The legislative rules filed in the state register on the
seventh day of December, one thousand nine hundred eighty-seven,
relating to the department of natural resources (hazardous waste
management regulations, series 35), are authorized.
(v) The legislative rules filed in the state register on the
sixteenth day of December, one thousand nine hundred eighty-
seven, modified by the department of natural resources to meet
the objections of the legislative rule-making review committee
and refiled in the state register on the fourteenth day of
January, one thousand nine hundred eighty-eight, relating to the
department of natural resources (solid waste management), are
authorized.
(w) The legislative rules filed in the state register on the
twenty-eighth day of July, one thousand nine hundred eighty-
seven, modified by the director of the department of natural
resources to meet the objections of the legislative rule-making
review committee and refiled in the state register on the seventh
day of August, one thousand nine hundred eighty-seven, relating
to the director of the department of natural resources (boating
regulations), are authorized with the amendment set forth below:
On page 16, section 6.2, line 3 by inserting following the
period "This regulation does not apply to licensed outfitters
and guides." These rules were proposed by the director of the
department of natural resources pursuant to section seven,
article one and section twenty-two, article seven, chapter twenty
of this code.
(x) The legislative rules filed in the state register on the
second day of September, one thousand nine hundred eighty-eight,
modified by the department of natural resources to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the seventeenth day of October,
one thousand nine hundred eighty-eight, relating to thedepartment of natural resources (hazardous waste management), are
authorized.
(y) The legislative rules filed in the state register on the
thirty-first day of August, one thousand nine hundred eighty-
eight, relating to the director of the department of natural
resources (boating), are authorized.
(z) The legislative rules filed in the state register on the
eighth day of March, one thousand nine hundred eighty-eight,
modified by the director of the department of natural resources
to meet the objections of the legislative rule-making review
committee and refiled in the state register on the thirtieth day
of August, one thousand nine hundred eighty-eight, relating to
the director of the department of natural resources (commercial
sale of wildlife), are authorized.
(aa) The legislative rules filed in the state register on
the twenty-seventh day of January, one thousand nine hundred
eighty-eight, relating to the director of the department of
natural resources (catching and selling bait fish), are
authorized.
(bb) The legislative rules filed in the state register on
the twenty-fifth day of March, one thousand nine hundred eighty-
eight, relating to the director of the department of natural
resources (West Virginia public hunting and fishing areas), are
authorized with the following amendment:
On page three, section 3.8.4, by inserting after the word
"vehicle" the following: ", all terrain vehicle (ATV)."
(cc) The legislative rules filed in the state register on
the seventeenth day of March, one thousand nine hundredeighty-nine, modified by the division of natural resources to
meet the objections of the legislative rule-making review
committee and refiled in the state register on the sixteenth day
of January, one thousand nine hundred ninety, relating to the
division of natural resources (solid waste management), are
authorized with the amendments set forth below:
On page 13, Section 3.2.6, by deleting the current language
and inserting in lieu thereof the following:
"3.2.6. Within two hundred (200) feet of faults that have
had displacement in Holocene time (i.e., during the last eleven
thousand years);"
On page 64, Section 3.14.25, by deleting the current
language and inserting in lieu thereof the following language:
"3.14.25.
Environmental Compliance History. The chief or
the director may refuse to grant any permit if he has reasonable
cause to believe, as indicated by documented evidence, that the
applicant, or any officer, director or manager, thereof, or
shareholder owning twenty percent (20%) or more of its capital
stock, beneficial or otherwise, or other person conducting or
managing the affairs of the applicant or of the proposed
permitted premises, in whole or part, has exhibited a pattern of
violation of the environmental statutes or regulations of this
State, any other state, or the federal government."
On page 104, section 4.5.4.a, by inserting after the words
"at that landfill" the following:
"Nothing within these regulations shall be construed to
allow the installations of any liner or system on areas not lined
as of November 30, 1989, that is not in conformance with section4.5.4.a.E or 4.5.4.a.G of these regulations. Landfills that do
have an article 5f permit and a liner installed as of November
30, 1989, may install a liner as approved by the chief."
And,
On pages 147 through 151, sections 4.11.5 and 4.11.6, by
deleting the current language and inserting in lieu thereof the
following:
"4.11.5.
Corrective Action Program.
Whenever a statistically significant increase is found in a
Phase II or Phase III monitoring parameter, or when groundwater
contamination is otherwise identified by the Chief at sites
without monitoring programs, which is determined by the Chief to
have resulted in a significant adverse effect on an aquifer, and
which is attributable to a solid waste facility, the Chief may
require appropriate corrective or remedial action pursuant to W.
Va. Code Chapter 20, article 5A, and Chapter 20, article 5F to
abate, remediate or correct such pollution. Any such corrective
or remedial action order shall take into account any applicable
groundwater quality protection standards, the existing use of
such waters, the reasonable uses of such waters, background water
quality, and the protection of human health and the environment."
(dd) The legislative rules filed in the state register on
the seventeenth day of February, one thousand nine hundred
eighty-nine, relating to the director of the department of
natural resources (underground storage tanks), are authorized.
(ee) The legislative rules filed in the state register on
the twenty-seventh day of January, one thousand nine hundred
eighty-nine, relating to the director of the department ofnatural resources (transporting and selling wildlife pelts), are
authorized.
(ff) The legislative rules filed in the state register on
the seventeenth day of February, one thousand nine hundred
eighty-nine, modified by the director of the department of
natural resources to meet the objections of the legislative rule-
making review committee and refiled in the state register on the
ninth day of August, one thousand nine hundred eighty-nine,
relating to the director of the department of natural resources
(underground storage tank fee assessments), are authorized.
(gg) The legislative rules filed in the state register on
the twenty-fourth day of April, one thousand nine hundred eighty-
nine, modified by the director of the department of natural
resources to meet the objections of the legislative rule-making
review committee and refiled in the state register on the
twenty-second day of May, one thousand nine hundred eighty-nine,
relating to the director of the department of natural resources
(public hunting and fishing areas), are authorized.
(hh) The legislative rules filed in the state register on
the first day of December, one thousand nine hundred eighty-nine,
relating to the department of natural resources (water pollution
control permit fee schedules), are authorized with the amendments
set forth below:
On page five, section 3.3, by deleting the following:
"Submitted fees are not refundable."
On page two, after section 2.6, by inserting the following:
"Customer" means any person that purchases waste disposal
services from a facility permitted under article five-a, chaptertwenty of the code of West Virginia, one thousand nine hundred
thirty-one, as amended. For the purposes of these regulations,
commercial and other non-single family dwelling customers shall
be translated into customer equivalents by dividing the total
daily estimated volume of waste water by three hundred and fifty
gallons per day." and renumbering the remaining subsections.
On page nine, section 7.2, by striking out the words "seven
hundred fifty dollars ($750)." and inserting in lieu thereof the
following:
"determined using Table D, but in no case shall be less than
two hundred fifty dollars ($250)."
And,
On page thirteen, by striking out all of Table D, Schedule
of Annual Permit Fees, and inserting in lieu thereof a new Table
D, designated "Schedule of Annual Permit Fees", to read as
follows:
"TABLE D
SCHEDULE OF ANNUAL PERMIT FEES
SEWAGE FACILITIES
Number of CustomersAnnual Permit Fee
less than 1000$ 250
1000 to 1499$ 500
1500 to 1999$ 750
2000 to 2499$ 1000
2500 to 2999$ 1250
3000 to 3499$ 1500
3500 to 3999$ 1750
4000 to 4499$ 2000
4500 to 4999$ 2250
greater than 5000$ 2500
INDUSTRIAL OR OTHER WASTE FACILITIES
Average Discharge VolumeAnnual Permit Fee
(gallons per day)
less than 1,000$ 50
1,001 to 10,000$ 500
10,001 to 50,000$ 1000
greater than 50,000$ 2500"
(ii) The legislative rules filed in the state register on
the twenty-fifth day of July, one thousand nine hundred
eighty-nine, modified by the director of the department of
natural resources to meet the objections of the legislative
rule-making review committee and refiled in the state register on
the fifteenth day of September, one thousand nine hundred
eighty-nine, relating to the director of the department of
natural resources (revocation of hunting and fishing licenses),
are authorized.
(jj) The legislative rules filed in the state register on
the twentieth day of December, one thousand nine hundred
eighty-nine, modified by the division of natural resources to
meet the objections of the legislative rule-making review
committee and refiled in the state register on the twenty-fourth
day of January, one thousand nine hundred ninety, relating to the
division of natural resources (state water pollution control
revolving fund program), are authorized.
(kk) The legislative rules filed in the state register on
the twenty-ninth day of March, one thousand nine hundred ninety,modified by the division of natural resources to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the thirtieth day of August, one
thousand nine hundred ninety, relating to the division of natural
resources (assessment of civil administrative penalties), are
authorized.
(ll) The legislative rules filed in the state register on
the sixth day of August, one thousand nine hundred ninety,
relating to the division of natural resources (water pollution
control permit fee schedules), are authorized.
(mm) The legislative rules filed in the state register on
the fifteenth day of June, one thousand nine hundred ninety,
modified by the division of natural resources to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-second day of August,
one thousand nine hundred ninety, relating to the division of
natural resources (underground storage tank insurance trust
fund), are authorized with the amendment set forth below:
On page four, after subsection 5.1, by inserting a new
subdivision 5.1.1 to read as follows:
"5.1.1 The fee shall be one hundred dollars per tank per
year ($100/tank/year) for a period of not less than one (1) year
and not more than three (3) years. Second and third year
capitalization fees may be levied if there is an inadequate
surplus of funds, as determined by the Board of Risk and
Insurance Management, the Division of Natural Resources and the
Underground Storage Tank Advisory Committee pursuant to W. Va.
Code, §20-5H-7."
(nn) The legislative rules filed in the state register on
the thirteenth day of August, one thousand nine hundred ninety,
modified by the division of natural resources to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the second day of October, one
thousand nine hundred ninety, relating to the division of natural
resources (underground storage tanks), are authorized with the
amendment set forth below:
On page four, section five, subsection 5.1, after the word
"requirements" by striking out the remainder of the subsection
and inserting in lieu thereof, the following:
"of Title 47, Series 37 (Underground Storage Tank Fee
Assessments); Title 47, Series 36, Section 4 (Notification
Requirements); and Title 47, Series 37A, Section 5
(Capitalization Fees) of the Code of State Regulations and the
owner or operator presents proof of the certification to the
carrier."
(oo) The legislative rules filed in the state register on
the thirteenth day of August, one thousand nine hundred ninety,
relating to the division of natural resources (dam safety), are
authorized.
(pp) The legislative rules filed in the state register on
the thirteenth day of August, one thousand nine hundred ninety,
modified by the division of natural resources to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-eighth day of
November, one thousand nine hundred ninety, relating to the
division of natural resources (hazardous waste management), areauthorized.
(qq) The legislative rules filed in the state register on
the first day of July, one thousand nine hundred ninety-one,
modified by the division of natural resources to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the nineteenth day of September,
one thousand nine hundred ninety-one, relating to the division of
natural resources (special motorboating regulations), are
authorized.
(rr) The legislative rules filed in the state register on
the first day of May, one thousand nine hundred ninety-one,
modified by the division of natural resources to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-second day of July,
one thousand nine hundred ninety-one, relating to the division of
natural resources (special fishing regulations), are authorized
with the amendment set forth below:
On page one, by striking out subsection 2.1 and inserting in
lieu thereof, a new subsection 2.1, to read as follows:
"2.1 "Daylight hours" means the time period between sixty
minutes before sunrise and sixty minutes after sunset."
(ss) The legislative rules filed in the state register on
the first day of July, one thousand nine hundred ninety-one,
modified by the division of natural resources to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-first day of
November, one thousand nine hundred ninety-one, relating to the
division of natural resources (boating regulations), areauthorized.
(tt) The Legislature hereby authorizes and directs the
division of natural resources to promulgate the legislative rule
relating to water pollution control permit fee schedules, 47 CSR
26, effective the twenty-second day of April, one thousand nine
hundred ninety-one, with the amendment set forth below:
On page eight, subdivision 7.4.1, at the end of the
subdivision by striking the period and adding the following:
":
Provided, That if the chief determines that a facility
is in substantial compliance with its existing permit, the fee is
one thousand two hundred fifty dollars ($1,250.00)."
(uu) The legislative rules filed in the state register on
the ninth day of September, one thousand nine hundred ninety-two,
modified by the division of natural resources to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the seventh day of December, one
thousand nine hundred ninety-two, relating to the division of
natural resources (wild boar hunting), are authorized.
NOTE: The purpose of this bill is to authorize the Division
of Natural Resources to promulgate legislative rules relating to
wild boar hunting.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
Email
Webmaster | © 2024 West Virginia Legislature **
