Senate Bill No. 347
(By Senators Ross, Anderson,
Bowman
and Boley)
__________
[Introduced January 28, 1999;
referred to the
Committee on Natural Resources;
and then to the Committee on the Judiciary.]
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A BILL to amend and reenact section two, article three,
chapter sixty-four of the code of West Virginia,
one thousand nine hundred thirty-one, as amended,
relating to authorizing the environmental quality
board to promulgate a legislative rule relating to
the requirements governing water quality standards.
Be it enacted by the Legislature of West Virginia:
That section two, 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 BUREAU OF ENVIRONMENT TO PROMULGATE LEGISLATIVE RULES.
§64-3-2. Environmental quality board
(a) The legislative rule filed in the state register
on the first third day of August, one thousand nine
hundred ninety-seven ninety-eight, authorized 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 twenty-second day of January, one
thousand nine hundred ninety-eight, relating to the
environmental quality board (requirements governing water
quality standards, 46 CSR 1), is authorized. until the
thirtieth day of October, 1999: Provided, That the
environmental quality board shall review, revise and
propose, within this statutory deadline, and in
accordance with the provisions of chapter twenty-nine-a
of this code, emergency and legislative rules to address the interpretive differences regarding the designation of
category A waters and analyze the need for distance
prohibitors for the policies of public drinking water
intake, with the following amendments:
By deleting the strike-throughs in subdivisions
8.22.1 and 8.22.2;
And,
On page fourteen, subsection 7.2.b after the word
'NOTE:' by inserting the following:
'With the exception of section 7.2.c.5 listed herein
exceptions do not apply to trout waters nor the
requirements of section 3.'
And on page fourteen, after paragraph 7.2.c.4 by
inserting a new paragraph 7.2.c.5, to read as follows:
'For the upper Blackwater River from the mouth of
Yellow Creek to a point 5.1 miles upstream, when flow is
less than 7Q10, naturally occurring values for Dissolved
Oxygen as established by data collected by the
dischargers within this reach and reviewed by the Board
and Division of Environmental Protection shall be the applicable criteria.'
And,
On page forty-four, by striking out subsection
8.17.1 in its entirety and inserting in lieu thereof a
new subsection 8.17.1 to read as follows:
"Effluent limitations regarding Mn shall not apply
where the applicant certifies the stream or stream
segment is not category A water." with the amendment set
forth below:
On page twenty, by striking-out all of subsection
8.5.
(b) The legislative rule filed in the state register
on the first day of August, one thousand nine hundred
ninety-seven, authorized 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
twenty-third day of January, one thousand nine hundred
ninety-eight, relating to the environmental quality board (requirements governing groundwater standards, 46 CSR
12), is authorized.
NOTE: The purpose of this bill is to authorize the
Environmental Quality Board to promulgate a legislative
rule relating to the Requirements Governing Water Quality
Standards
.
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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