H. B. 2604
(By Delegates J. Martin, Michael, Mezzatesta
and Willison)
[Introduced January 10, 1996; referred to the
Committee on the Judiciary.]
A BILL to amend chapter twenty-two of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article two-a, relating to
requiring an environmental inventory and compliance with
environmental protection laws of the state of West Virginia
by certain rail carriers on rights-of-way and real property
for which rail services are abandoned or transferred within
the state of West Virginia; scope and compliance; civil
penalty; rules; and providing for the enforcement thereof.
Be it enacted by the Legislature of West Virginia:
That chapter twenty-two of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new article, designated article two-a, to read
as follows:
ARTICLE 2A. ENVIRONMENTAL INVENTORY AND CLEANUP AFTER CESSATION
OF RAIL SERVICE OR TRANSFER OF RAILROAD REAL
PROPERTY.
§22-2A-1. Scope and compliance.
Any rail common carrier having annual revenues in excess of
ten million dollars which ceases service on any railroad line or
transfers a rail right-of-way or real property in the state of
West Virginia, shall comply with the requirements of this
article. For the purposes of this article, a rail common carrier
ceases service if the interstate commerce commission or any
successor agency or the West Virginia public service commission
determines that the rail common carrier may abandon any part of
its railroad lines or discontinue the operation of all rail
transportation over any part of its railroad lines, or when the
railroad line is actually abandoned or service actually
discontinued, if the abandonment or discontinuance is exempt from
such a finding under the rules of the interstate commerce
commission or the West Virginia public service commission. For
the purposes of this article, a rail common carrier transfers a
rail right-of-way or real property when it is authorized by the
interstate commerce commission or West Virginia public service
commission to engage in a consolidation, sale, lease, contract to
operate real property, or acquisition of control under Section
11343 of Title 49 of the United States Code, or chapter
twenty-four of this code, or when it actually sells, disposes,
leases or otherwise transfers real property if it is exempt from
or not subject to such interstate commerce commission or West
Virginia public service commission authorization. Within sixty days of the date a rail common carrier ceases service or
transfers real property in West Virginia, the carrier shall file
with the West Virginia division of environmental protection a
report by an independent licensed engineer certifying that the
rights-of-way and real property which are being transferred or
over which service is ceasing are in compliance with all
applicable laws and rules of the division of environmental
protection or providing a plan to bring the rights-of-way and
real property into compliance with such laws and rules.
(a) The engineer's report shall identify any release, leak,
discharge, spill or use of hazardous material (as defined in
Title 49 of the Code of Federal Regulations, Section 171.8, as
may be revised and amended) or of toxic materials which have
occurred on the rail carrier right-of-way or real property which
is being transferred or over which service is ceasing.
(b) The engineer's report shall describe remedial action, if
any, taken in regard to any such release, leak, discharge, spill
or use and whether such action resulted in the right-of-way or
real property complying with applicable division of environmental
protection laws and rules.
(c) The engineer's report shall include a sufficient number
of samples and the analysis of the samples from the rail carrier
rights-of-way and real property subject to this article to
determine and verify whether or not all such rights-of-way and real property are in compliance with applicable division of
environmental protection laws and rules. If the report indicates
that a hazardous material or toxic substance could have entered
surface water or groundwater, then the report shall include an
analysis of the impact or aquatic, plant and animal life and
actions required to remediate the impact.
(d) In the report, the engineer shall verify that the
rights-of-way and real property are in compliance or detail the
best available alternative methods of removal or remediation to
place the rights-of-way and real property in compliance with
applicable laws and rules and shall fully describe the method the
rail carrier shall use to bring the rights-of-way and real
property into compliance with such laws and rules.
(e) Within one hundred eighty days of the division of
environmental protection's receipt of the engineer's report, the
division of environmental protection shall independently confirm
the information contained in the engineer's report and may
require additional sampling and analysis by the rail common
carrier of the rights-of-way and real property and shall notify
the carrier in writing of all known violations.
(f) Any rail carrier required to file a report pursuant to
this article shall correct any violations noticed by the division
of environmental protection within thirty days and shall file
with the division of environmental protection within one year of the date of a notice issued pursuant to subsection (e) of this
section, or any reasonable extension thereof granted by the
division of environmental protection, a statement verified by the
rail carrier's chief executive officer of the rail carrier's
corrections of all violations noticed by the division of
environmental protection and of full compliance with applicable
laws and rules.
(g) Any rail common carrier which had annual carrier
operating revenues in excess of ten million dollars and ceased
service or transferred real property within the state of West
Virginia after the first day of January, one thousand nine
hundred ninety, but before the effective date of this article,
and which is not currently prohibited from entering the property,
shall comply with the requirements of this section and shall
within one hundred eighty days of the effective date of this
article file with the division of environmental protection, a
report by an independent licensed engineer pursuant to this
section and thereafter shall complete the requirements of the
article within the time period set forth therein.
(h) The division of environmental protection is hereby
authorized to enter upon rights-of-way and real property which
are being transferred or over which service is ceasing to
administer and investigate compliance with this article.
§22-2A-2. Penalty.
Any rail carrier which fails to comply with the provisions of
this article shall be fined up to ten thousand dollars per day
for each violation.
§22-2A-3. Severance provision.
If any provision of this article or its application to any
person or circumstance is held invalid, the invalidity does not
affect other provisions or applications of the article which can
be given effect without the invalid provision or application and
to this end the provisions of this act are severable.
§22-2A-4. Rules.
The director of the division of environmental protection may
promulgate rules to fulfill the requirements set forth in this
article.
NOTE: The purpose of this bill is to require certain
railroads to certify compliance with applicable laws and rules of
the Division of Environmental Protection by any right-of-way or
real property on which service has terminated or which has been
transferred.
This article is new; therefore, strike-throughs and
underscoring have been omitted.
Email
Webmaster | © 2024 West Virginia Legislature **
