COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 168
(By Senator Grubb)
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(Originating in the Committee on Finance; and then to the
Committee on the Judiciary.)
[Reported February 22, 1994]
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A BILL to amend and reenact section seventeen, 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 environmental protection to
promulgate legislative rules relating to groundwater
protection, coal mining operations.
Be it enacted by the Legislature of West Virginia:
That section seventeen, 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.
§64-3-17. Division of environmental protection.
(a) The legislative rules filed in the state register on the
eleventh day of October, one thousand nine hundred ninety-one,
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 ninth day of November, one
thousand nine hundred ninety-two, relating to the division ofenvironmental protection (operator's designation of bona fide
future use of oil and gas wells - qualification for inactive
status), are authorized.
(b) The legislative rules filed in the state register on the
third day of September, one thousand nine hundred ninety-two,
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 February,
one thousand nine hundred ninety-three, relating to the division
of environmental protection (oil and gas wells and other wells),
are authorized.
(c) The legislative rules filed in the state register on the
third day of September, one thousand nine hundred ninety-two,
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 February,
one thousand nine hundred ninety-three, relating to the division
of environmental protection (abandoned wells), are authorized.
(d) The legislative rules filed in the state register on the
eighteenth day of September, one thousand nine hundred ninety-
two, 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
February, one thousand nine hundred ninety-three, relating to the
division of environmental protection (underground storage tank
assessment fees), are authorized.
(e) The legislative rules filed in the state register on the
eighteenth day of September, one thousand nine hundred ninety-two, relating to the division of environmental protection
(underground storage tanks), are authorized.
(f) The legislative rules filed in the state register on the
eighteenth day of September, one thousand nine hundred ninety-
two, 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
February, one thousand nine hundred ninety-three, relating to the
division of environmental protection (hazardous waste
management), are authorized.
(g) The legislative rules filed in the state register on the
third day of March, one thousand nine hundred ninety-two,
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 eighteenth day of February,
one thousand nine hundred ninety-three, relating to the division
of environmental protection (groundwater protection act fee
schedule), are authorized.
(h) The legislative rules filed in the state register on the
eighth day of February, one thousand nine hundred ninety-three,
relating to the division of environmental protection (groundwater
protection, coal mining operations), are authorized with the
amendments set forth below:
On page 3, by adding a new section to read as follows:
2.12 Exempted coal mining operations means those operations
subject to the exemption set forth in West Virginia Code, §20-5M-
5(h), and which are of an earth disturbing nature resulting from
and directly related to coal extraction. Exempted coal miningoperations include but are not limited to: coal and slurry
impoundments; refuse areas and on-site haulways.;
On page 3, section 3.1, by striking out the following: "In
cases where such statute or legislative rules are more
restrictive or in conflict with the Act or these legislative
rules, the statute or rule most protective of groundwater
applies.";
On page 3, by striking out all of section 3.2 and
renumbering the remaining sections;
On page 3, Section 3.3, by striking out all of Section 3.3,
and inserting in lieu thereof the following: "All coal mining
operations which are not subject to the exemption set forth in
subsection (h), Section 5 of the Act, shall conduct groundwater
protection practices, and prepare and implement groundwater
protection plans, as set forth in this regulation. All exempted
coal mining operations must conduct groundwater protection
practices consistent with West Virginia Code, §20-5A-1 et seq,
and West Virginia Code, §22A-3-1 et seq. Exempted operations are
not subject to the existing quality or to the related provisions
of subsections (f) and (g), Section 5, of the Act. Further,
exempted operations are not subject to water quality standards
promulgated by the Water Resources Board pursuant to the Act.
Such operations shall nonetheless be designed, constructed,
operated, maintained, and closed in such manner as to reasonably
protect groundwater from contamination.
On page 4, Section 3.4.1.a. by striking out all of Section
3.4.1.a. and inserting in lieu thereof the following: "An
inventory of all operations and activities that are not exemptedoperations and may reasonably be expected to contaminate
groundwater, and an indication of the current existence of and
the potential for groundwater contamination. These include but
are not limited to evaluation of materials handling areas,
loading and unloading areas, equipment cleaning, maintenance
activities, pipelines carrying contaminants, sumps and tanks
containing contaminants."
On page 4, Section 3.4.2 after the word "all" by adding the
words "existing non-exempt";
On page 5, by striking out all of section 3.4.2.a.;
On page 5, by striking out all of section 3.5 and
renumbering the remaining sections;
On page 6, by striking out all of section 3.5.1;
On page 6, by striking out all of section 3.5.2;
On page 6, Section 3.6, after the word "for" by inserting
the words "non-coal";
On pages 6 and 7, by striking out all of Section 3.7 and
renumbering the remaining sections.
On page 11, Section 8.1, by inserting before the words "The
Director may" the words "For all non-exempt coal mining
operations";
On page 11, by striking out all of Section 8.6;
And
On page 12, by striking out all of Section 9.2.