SB373 SUB1
Senate Bill 373 History
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Key: Green = existing Code. Red = new code to be enacted
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 373
(By Senators Minard, Fanning, Prezioso,
Unger, Boley and Facemyer)
__________
[Originating in the Committee on the Judiciary;
reported February 27, 2008.]
__________
A BILL to amend and reenact article 3, chapter 64 of the Code of
West Virginia, 1931, as amended, all relating generally to the
promulgation of administrative rules by the various executive
or administrative agencies and the procedures relating
thereto; continuing rules previously promulgated by state
agencies and boards; legislative mandate or authorization for
the promulgation of certain legislative rules; 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
certain legislative rules with various modifications presented
to and recommended by the Legislative Rule-Making Review
Committee; authorizing certain of the agencies to promulgate
certain legislative rules as amended by the Legislature;
authorizing certain of the agencies to promulgate certain
legislative rules with various modifications presented to and
recommended by the Legislative Rule-Making Review Committee and as amended by the Legislature; authorizing the Department
of Environmental Protection to promulgate legislative rules
relating to emission standards for hazardous air pollutants
;
authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to standards of
performance for new stationary sources
; authorizing the
Department of Environmental Protection to repeal a legislative
rule relating to the ambient air quality standard for nitrogen
dioxide;
authorizing the Department of Environmental
Protection to repeal a legislative rule relating to emission
standards for hazardous air pollutants pursuant to 40 CFR Part
61; authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to the control of air
pollution from combustion of solid waste; authorizing the
Department of Environmental Protection to repeal a legislative
rule relating to the prevention and control of emissions from
hospital/medical/infectious waste incinerators;
authorizing
the Department of Environmental Protection to promulgate a
legislative rule relating to the control of air pollution from
hazardous waste treatment, storage and disposal facilities;
authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to the control of
annual nitrogen oxides emissions
; authorizing the Department
of Environmental Protection to promulgate a legislative rule
relating to the control of ozone season nitrogen oxides
emissions
; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the
control of annual sulfur dioxide emissions
;
authorizing the
Department of Environmental Protection to promulgate a
legislative rule
relating to greenhouse gas emissions
inventory program
; authorizing the Department of Environmental
Protection to promulgate a legislative rule relating to the
control of air pollution from combustion of refuse
;
authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to ambient air quality
standards
; authorizing the Department of Environmental
Protection to repeal a legislative rule relating to ambient
air quality standards for carbon monoxide and ozone
;
authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to surface mining
blasting
; authorizing the Department of Environmental
Protection to promulgate a legislative rule relating to
surface mining reclamation
; authorizing the Department of
Environmental Protection to promulgate a legislative rule
relating to voluntary remediation and development
;
authorizing
the Department of Environmental Protection to promulgate a
legislative rule relating to
environmental excellence program
;
authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to standards for the
beneficial use of filtrate from water treatment plants;
authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to the Recycling Assistance Grant Program
; authorizing the Department of
Environmental Protection to promulgate a legislative rule
relating to the hazardous waste management system; authorizing
the Department of Environmental Protection to promulgate a
legislative rule relating to underground storage tanks;
authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to the National
Pollutant Discharge Elimination System (NPDES) Program
;
authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to WV/NPDES rules for
coal mining facilities
;
and authorizing the Solid Waste
Management Board to promulgate a legislative rule relating to
performance measures and review standards for solid waste
authorities operating commercial solid waste facilities
.
Be it enacted by the Legislature of West Virginia:
That article 3, chapter 64 of the Code of West Virginia, 1931
as amended, be amended and reenacted to read as follows:
ARTICLE 3. AUTHORIZATION FOR DEPARTMENT OF ENVIRONMENT TO
PROMULGATE LEGISLATIVE RULES.
§64-3-1. Department of Environmental Protection.
(a)The legislative rule filed in the State Register on the
twenty-fifth day of July, two thousand seven, authorized under the
authority of section four, article five, chapter twenty-two of this
code, relating to the Department of Environmental Protection
(emission standards for hazardous air pollutants 45 CSR 34), is authorized.
(b)The legislative rule filed in the State Register on the
nineteenth day of December, two thousand seven, authorized under
the authority of section four, article five, chapter twenty-two of
this code, relating to the Department of Environmental Protection
(ambient air quality standard for nitrogen dioxide, 45 CSR 12), is
repealed.
(c)The legislative rule filed in the State Register on the
nineteenth day of December, two thousand seven, authorized under
the authority of section four, article five, chapter twenty-two of
this code, relating to the Department of Environmental Protection
(emission standards for hazardous air pollutants pursuant to 40 CFR
part 61, 45 CSR 15), is repealed.
(d)The legislative rule filed in the State Register on the
twenty-sixth day of July, two thousand seven, authorized under the
authority of section four, article five, chapter twenty-two of this
code, relating to the Department of Environmental Protection
(standards of performance for new stationary sources 45 CSR 16), is
authorized.
(e)The legislative rule filed in the State Register on the
twenty-sixth day of July, two thousand seven, authorized under the
authority of section four, article five, chapter twenty-two of this
code, relating to the Department of Environmental Protection
(control of air pollution from combustion of solid waste, 45 CSR
18), is authorized.
(f)The legislative rule filed in the State Register on the nineteenth day of December, two thousand seven, authorized under
the authority of section four, article five, chapter twenty-two of
this code, relating to the Department of Environmental Protection
(to prevent and control emissions from hospital/medical/infectious
waste incinerators, 45 CSR 24), is repealed.
(g)The legislative rule filed in the State Register on the
twenty-sixth day of July, two thousand seven, authorized under the
authority of section four, article five, chapter twenty-two of this
code, relating to the Department of Environmental Protection
(control of air pollution from hazardous waste treatment, storage
and disposal facilities, 45 CSR 25), is authorized.
(h)
The legislative rule filed in the State Register on the
twenty-sixth day of July, two thousand seven, authorized under the
authority of section four, article five, chapter twenty-two of this
code, relating to the Department of Environmental Protection
(control of annual nitrogen oxides emissions, 45 CSR 39), is
authorized.
(i)
The legislative rule filed in the State Register on the
twenty-sixth day of July, two thousand seven, authorized under the
authority of section four, article five, chapter twenty-two of this
code, modified by the Department of Environmental Protection to
meet the objections of the Legislative Rule-making Review Committee
and refiled in the State Register on the fourteenth day of January,
two thousand eight, relating to the Department of Environmental
Protection (control of ozone season nitrogen oxides emissions, 45
CSR 40), is authorized.
(j)
The legislative rule filed in the State Register on the
twenty-sixth day of July, two thousand seven, authorized under the
authority of section four, article five, chapter twenty-two of this
code, relating to the Department of Environmental Protection
(control of annual sulfur dioxide emissions, 45 CSR 41), is
authorized.
(k)The legislative rule filed in the State Register on the
twenty-sixth day of July, two thousand seven, authorized under the
authority of section nineteen, article five, chapter twenty-two of
this code, modified by the Department of Environmental Protection
to meet the objections of the Legislative Rule-Making Review
Committee and refiled in the State Register on the fourteenth day
of January, two thousand eight, relating to the Department of
Environmental Protection (greenhouse gas emissions inventory
program, 45 CSR 42), is authorized.
(l)
The legislative rule filed in the State Register on the
twenty-sixth day of July, two thousand seven, authorized under the
authority of section four, article five, chapter twenty-two of this
code, relating to the Department of Environmental Protection
(control of air pollution from combustion of refuse, 45 CSR 6), is
authorized.
(m)
The legislative rule filed in the State Register on the
twenty-sixth day of July, two thousand seven, authorized under the
authority of section four, article five, chapter twenty-two of this
code, modified by the Department of Environmental Protection to
meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the fourteenth day of January,
two thousand eight, relating to the Department of Environmental
Protection (ambient air quality standards, 45 CSR 8), is
authorized.
(n)
The legislative rule filed in the State Register on the
nineteenth day of December, two thousand seven, authorized under
the authority of section four, article five, chapter twenty-two of
this code, relating to the Department of Environmental Protection
(ambient air quality standards for carbon monoxide and ozone, 45
CSR 9), is repealed.
(o)
The legislative rule filed in the State Register on the
twenty-sixth day of July, two thousand seven, authorized under the
authority of section four, article three-a, chapter twenty-two of
this code, modified by the Department 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, two thousand seven, relating to the Department of
Environmental Protection (surface mining blasting, 199 CSR 1), is
authorized, with the following amendments:
On page nine, section 3, after "3.8.a." by inserting the
following: At least thirty days prior to commencing blasting, an
operator's designee shall notify in writing all owners and
occupants of man-made dwellings or structures that the operator or
operator's designee will perform preblast surveys.
(p)
The legislative rule filed in the State Register on the
twenty-sixth day of July, two thousand seven, authorized under the authority of section four, article three, chapter twenty-two of
this code, modified by the Department 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, two thousand seven, relating to the Department of
Environmental Protection (surface mining reclamation, 38 CSR 2), is
authorized, with the following amendments:
On pages one hundred twenty-six through one hundred thirty-
two, by striking out subsection 11.8. in its entirety
.
(q)
The legislative rule filed in the State Register on the
twenty-sixth day of July, two thousand seven, authorized under the
authority of section three, article twenty-two, chapter twenty-two
of this code, relating to the Department of Environmental
Protection (voluntary remediation and development, 60 CSR 3), is
authorized.
(r)The legislative rule filed in the State Register on the
twenty-seventh day of July, two thousand seven, authorized under
the authority of section four, article twenty-five, chapter twenty-
two of this code, relating to the Department of Environmental
Protection (environmental excellence program, 60 CSR 8), is
authorized.
(s)The legislative rule filed in the State Register on the
twenty-fourth day of July, two thousand seven, authorized under the
authority of section twenty-three, article fifteen, chapter twenty-
two of this code, modified by the Department of Environmental
Protection to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the twentieth
day of December, two thousand seven, relating to the Department of
Environmental Protection (standards for beneficial use of filtrate
from water treatment plants, 33 CSR 9), is authorized.
(t)The legislative rule filed in the State Register on the
twenty-seventh day of July, two thousand seven, authorized under
the authority of section three, article fifteen-a, chapter twenty-
two of this code, modified by the Department of Environmental
Protection to meet the objections of the Legislative Rule-Making
Review Committee and refiled in the State Register on the
seventeenth day of October, two thousand seven, relating to the
Department of Environmental Protection (recycling assistance grant
program, 33 CSR 10), is authorized, with the following amendments:
On page twelve, subdivision 5.1.10., after the words
"telephone costs." by striking out the remainder of the subdivision
and by inserting in lieu thereof the following: "Rent or lease
charges related to a recycling program for a building, or office
space are allowable expenditures. However, to obtain grant funds
for rent or lease charges, the applicant shall provide the
department with a copy of the written rental or lease agreement
which shall exceed twenty years and meet the following criteria:
a.The rental or lease agreement shall not contain any
cancellation or termination clause,
b.The rental or lease agreement shall not be
transferrable, and
c.The rental or lease agreement shall not allow for subleasing;"
On page twelve, by striking out all of subdivision 5.1.11. and
inserting in lieu thereof the following, to read as follows:
"5.1.11 Recycling Facility Construction, Improvement and
Repairs -- A grant may be used for, but not limited to, new
construction or repairs or minor improvements to an existing
recycling facility, such as loading docks, sheds, structures,
abutment walls, fences, roof repair, gravel or paving, if the land
is owned or leased by the grantee. However, to obtain grant funds
for construction, improvements and repairs for rental or leased
property, the applicant shall provide the department a copy of the
written rental or lease agreement which shall exceed twenty years
and meet the criteria stated in subdivision 5.1.10. of this rule;"
On page thirteen, subdivision 5.2.2., by striking out the
words "and buildings";
And,
On page thirteen, subdivision 5.2.7 after the words
"(planting, mowing, weeding, etc.)" by inserting the words "unless
the purpose is to provide natural screening to neighboring
properties".
(u)The legislative rule filed in the State Register on the
twenty-seventh day of July, two thousand seven, authorized under
the authority of section six, article eighteen, chapter twenty-two
of this code, relating to the Department of Environmental
Protection (hazardous waste management system, 33 CSR 20), is
authorized.
(v)The legislative rule filed in the State Register on the
twenty-sixth day of July, two thousand seven, authorized under the
authority of section six, article seventeen, chapter twenty-two of
this code, modified by the Department of Environmental Protection
to meet the objections of the Legislative Rule-Making Review
Committee and refiled in the State Register on the twentieth day of
December, two thousand seven, relating to the Department of
Environmental Protection (underground storage tanks, 33 CSR 30), is
authorized.
(w)The legislative rule filed in the State Register on the
twenty-seventh day of July, two thousand seven, authorized under
the authority of section four, article eleven, chapter twenty-two
of this code, relating to the Department of Environmental
Protection (National Pollutant Discharge Elimination System (NPDES)
program, 47 CSR 10), is authorized.
(x)The legislative rule filed in the State Register on the
twenty-sixth day of July, two thousand seven, authorized under the
authority of section four, article eleven, chapter twenty-two of
this code, modified by the Department 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, two thousand seven, relating to the Department of
Environmental Protection (WV/NPDES rules for coal mining
facilities, 47 CSR 30), is authorized with the following
amendments:
On page one, subsection 1.8., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page two, subsection 2.6., by striking out the word
"Secretary's" and inserting in lieu thereof the word "Director's";
On page two, subsection 2.6., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page three, after subsection 2.14. by inserting a new
subsection 2.15., to read as follows:
2.15. "Director" means the director of the Division of Water
and Waste Management.;
And renumbering the remaining subsections;
On page three, subsection 2.17., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page three, subsection 2.18., by striking out the word
"Secretary's" and inserting in lieu thereof the word "Director's";
On page four, subsection 2.28., after the words "by the" by
striking out the word "Secretary" and inserting in lieu thereof the
word "Director";
On page four, subsection 2.28., after the words "with the" by
striking out the word "Secretary" and inserting in lieu thereof the
word "Director";
On page four, subdivision 2.31.a., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page five, subsection 2.37., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page six, subsection 2.50., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page six, subsection 2.51., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page six, subparagraph 3.1.a.6.D, by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page seven, subparagraph 3.1.a.6.G, after the word "The" by
striking out the word "Secretary" and inserting in lieu thereof the
word "Director";
On page seven, subparagraph 3.1.a.6.G, after the words "when
the" by striking out the word "Secretary" and inserting in lieu
thereof the word "Director";
On page seven, subdivision 3.2.a., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page eight, subdivision 3.5.a., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page eight, subdivision 3.5.b., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page eight, paragraph 3.5.b.1., after the words "to the" by
striking out the word "Secretary" and inserting in lieu thereof the
word "Director";
On page eight, paragraph 3.5.b.1., after the words
"application the" by striking out the word "Secretary" and
inserting in lieu thereof the word "Director";
On page eight, paragraph 3.5.b.1., after the words "if the" by
striking out the word "Secretary" and inserting in lieu thereof the
word "Director";
On page eight, paragraph 3.5.b.2., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page eight, paragraph 3.5.c.1., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page eight, paragraph 3.5.d.1., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page eight, paragraph 3.5.d.3., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page nine, subsection 3.6., by striking out the word
"Secretary" and inserting in lieu thereof the words "Director of
the Division of Water and Waste Management";
On page nine, subdivision 3.6.a., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page nine, subdivision 3.6.b., after the words "adopted by
the" by striking out the word "Secretary" and inserting in lieu
thereof the word "Director";
On page nine, subdivision 3.6.b., after the words "enforced by
the" by striking out the word "Secretary" and inserting in lieu
thereof the word "Director";
On page nine, subdivision 3.6.c., after the word "The" by
striking out the word "Secretary" and inserting in lieu thereof the
word "Director";
On page nine, subdivision 3.6.c., after the words "by the" by
striking out the word "Secretary" and inserting in lieu thereof the
word "Director";
On page nine, subdivision 3.6.d., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page nine, subsection 4.1., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page nine, subsection 4.2., after the word "The" by
striking out the word "Secretary" and inserting in lieu thereof the
word "Director";
On page nine, subsection 4.2., after the words "or the" by
striking out the word "Secretary" and inserting in lieu thereof the
word "Director";
On page nine, subsection 4.3., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page ten, subsection 4.3., after the words "when the" by
striking out the word "Secretary" and inserting in lieu thereof the
word "Director";
On page ten, subsection 4.3., after the words "to the" by
striking out the word "Secretary" and inserting in lieu thereof the
word "Director";
On page ten, subsection 4.3., after the word "The" by striking
out the word "Secretary" and inserting in lieu thereof the word
"Director";
On page ten, subdivision 4.5.a., after the words "provide the"
by striking out the word "Secretary" and inserting in lieu thereof
the word "Director";
On page ten, subdivision 4.5.a., after the words "by the" by
striking out the word "Secretary" and inserting in lieu thereof the
word "Director";
On page twelve, paragraph 4.5.a.17., after the word "The" by striking out the word "Secretary" and inserting in lieu thereof the
word "Director";
On page twelve, paragraph 4.5.a.17., after the words "and the"
by striking out the word "Secretary" and inserting in lieu thereof
the word "Director";
On page twelve, subdivision 4.5.b., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page twelve, paragraph 4.5.b.1., after the words "addition,
the" by striking out the word "Secretary" and inserting in lieu
thereof the word "Director";
On page twelve, paragraph 4.5.b.1., after the words
"effluents, the" by striking out the word "Secretary" and inserting
in lieu thereof the word "Director";
On page twelve, part 4.5.b.1.A.2., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page fourteen, paragraph 4.5.c.1., after the words "to the"
by striking out the comma and the word "Secretary" and inserting in
lieu thereof the word "Director";
On page fourteen, paragraph 4.5.c.1., after the words "as the"
by striking out the word "Secretary" and inserting in lieu thereof
the word "Director";
On page fourteen, paragraph 4.5.d.1., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page fifteen, subparagraph 4.5.d.1.F., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page fifteen, paragraph 4.5.d.3., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page sixteen, paragraph 4.5.e.3., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page sixteen, subparagraph 4.5.f.2.A., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page seventeen, paragraph 4.5.g.1., after the words "rule,
the" by striking out the word "Secretary" and inserting in lieu
thereof the word "Director";
On page seventeen, paragraph 4.5.g.1., after the words
"notice, the" by striking out the word "Secretary" and inserting in
lieu thereof the word "Director";
On page seventeen, paragraph 4.5.g.2., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page seventeen, subdivision 4.7.b., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page eighteen, paragraph 4.7.b.3., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page eighteen, subdivision 4.7.c., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page nineteen, subdivision 5.1.g., by striking out the word
"secretary" and inserting in lieu thereof the words "Secretary or
Director";
On page nineteen, subsection 5.7., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page nineteen, subsection 5.9., after the words "shall
furnish to the" by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page nineteen, subsection 5.9., after the words "which the"
by striking out the word "Secretary" and inserting in lieu thereof
the word "Director";
On page nineteen, subsection 5.9., after the words "shall also
furnish to the" by striking out the word "Secretary" and inserting
in lieu thereof the word "Director";
On page nineteen, subsection 5.10., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page twenty, subdivision 5.11.c., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page twenty, paragraph 5.11.d.7., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page twenty, subdivision 5.11.g., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page twenty, subsection 5.12., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page twenty-one, subdivision 5.13.a., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty-one, subdivision 5.13.b., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty-one, subparagraph 5.13.d.2.B., by striking out
the word "Secretary" and inserting in lieu thereof the word
"Director";
On page twenty-one, subparagraph 5.13.d.2.C., by striking out
the word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty-one, paragraph 5.13.d.3., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty-one, paragraph 5.13.d.4., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty-two, part 5.13.d.4.A.4., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty-two, part 5.13.d.4.B.4., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty-two, subdivision 5.13.f., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty-two, subdivision 5.13.g., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty-three, paragraph 5.14.d.1., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty-three, subdivision 5.14.e., after the word
"The" by striking out the word "Secretary" and inserting in lieu
thereof the word "Director";
On page twenty-three, subdivision 5.14.e., after the words "if
the" by striking out the word "Secretary" and inserting in lieu
thereof the word "Director";
On page twenty-three, subsection 5.16., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty-five, subsection 6.1., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page twenty-five, subdivision 6.1.a., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty-five, subdivision 6.2.b., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty-five, paragraph 6.2.d.2., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty-six, paragraph 6.2.d.3., after the words
"Subpart G, the" by striking out the word "Secretary" and inserting
in lieu thereof the word "Director";
On page twenty-six, subparagraph 6.2.h.1.A., by striking out
the word "Secretary" and inserting in lieu thereof the word
"Director";
On page twenty-six, subparagraph 6.2.h.2.B., by striking out
the word "Secretary" and inserting in lieu thereof the word
"Director";
On page twenty-six, subdivision 6.2.i., by striking out the
word "Secretary's" and inserting in lieu thereof the word
"Director's";
On page twenty-eight, paragraph 6.2.o.5., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page twenty-nine, subdivision 7.7.d., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty, subdivision 7.9.a., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page thirty, subdivision 8.1.a., by striking out the word
"Secretary's" and inserting in lieu thereof the word "Director's";
On page thirty, subdivision 8.1.a., after the words "to the" by striking out the word "Secretary" and inserting in lieu thereof
the word "Director";
On page thirty, subdivision 8.1.a., after the word "The" by
striking out the word "Secretary" and inserting in lieu thereof the
word "Director";
On page thirty, subdivision 8.1.b., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page thirty, subdivision 8.2.a., after the words "to the"
by striking out the word "Secretary" and inserting in lieu thereof
the word "Director";
On page thirty, subdivision 8.2.a., after the word "The" by
striking out the word "Secretary" and inserting in lieu thereof the
word "Director";
On page thirty-one, subdivision 8.2.b., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-one, paragraph 8.2.c.1., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-one, subparagraph 8.2.c.1.D., after the words
"where the" by striking out the word "Secretary" and inserting in
lieu thereof the word "Director";
On page thirty-one, subparagraph 8.2.c.1.D., after the words
"by the" by striking out the word "Secretary" and inserting in lieu
thereof the word "Director";
On page thirty-one, subparagraph 8.2.c.1.D., after the words
"to the" by striking out the word "Secretary" and inserting in lieu
thereof the word "Director";
On page thirty-two, subparagraph 8.2.c.2.B., by striking out
the word "Secretary" and inserting in lieu thereof the word
"Director";
On page thirty-two, subparagraph 8.2.c.2.D., by striking out
the word "Secretary" and inserting in lieu thereof the word
"Director";
On page thirty-three, subparagraph 8.2.c.2.L., by striking out
the word "Secretary" and inserting in lieu thereof the word
"Director";
On page thirty-three, paragraph 8.3.a.1., after the word "The"
by striking out the word "Secretary" and inserting in lieu thereof
the word "Director";
On page thirty-three, paragraph 8.3.a.1., after the words "and
the" by striking out the word "Secretary" and inserting in lieu
thereof the word "Director";
On page thirty-three, paragraph 8.3.c.1., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-four, subdivision 9.1.a., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-four, subdivision 9.2.a., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-four, paragraph 9.2.a.2., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-four, subdivision 9.2.b., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-five, subdivision 10.1.a., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-five, subdivision 10.1.b., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-five, subdivision 10.2.b., after the word "the"
by striking out the word "Secretary" and inserting in lieu thereof
the word "Director";
On page thirty-five, subdivision 10.2.b., after the word "The"
by striking out the word "Secretary" and inserting in lieu thereof
the word "Director";
On page thirty-five, subdivision 10.2.c., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-six, subparagraph 10.2.d.1.B., by striking out
the word "Secretary" and inserting in lieu thereof the word
"Director";
On page thirty-six, paragraph 10.2.d.2, by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-seven, subparagraph 10.2.e.1.G., by striking
out the word "Secretary" and inserting in lieu thereof the word
"Director";
On page thirty-seven, subdivision 10.3.a., after the word
"the" by striking out the word "Secretary" and inserting in lieu
thereof the word "Director";
On page thirty-seven, subdivision 10.3.a., after the word
"The" by striking out the word "Secretary" and inserting in lieu
thereof the word "Director";
On page thirty-seven, subdivision 10.4.a., by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-seven, subdivision 10.5.a., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-eight, subdivision 10.5.a., after the words
"advises the" by striking out the word "Secretary" and inserting in
lieu thereof the word "Director";
On page thirty-eight, subdivision 10.5.a., after the words
"then the" by striking out the word "Secretary" and inserting in
lieu thereof the word "Director";
On page thirty-eight, subdivision 10.5.b., after the words
"advises the" by striking out the word "Secretary" and inserting in
lieu thereof the word "Director";
On page thirty-eight, subdivision 10.5.b., after the words
"resources, the" by striking out the word "Secretary" and inserting
in lieu thereof the word "Director";
On page thirty-eight, subdivision 10.5.c., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-eight, subdivision 11.1.d., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page thirty-eight, subdivision 11.1.e., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page forty, paragraph 12.3.a.3., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page forty-one, subsection 13.1., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page forty-one, paragraph 13.1.b.5. by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page forty-one, subdivision 13.1.c., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page forty-one, subdivision 13.2.b., after the word "The"
by striking out the word "Secretary" and inserting in lieu thereof
the word "Director";
On page forty-one, subdivision 13.2.b., after the word "the"
by striking out the word "Secretary" and inserting in lieu thereof
the word "Director";
On page forty-two, subsection 14.1., by striking out the word
"Secretary" and inserting in lieu thereof the word "Director";
On page forty-two, subdivision 14.1.a., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page forty-two, subdivision 14.1.b., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page forty-two, subdivision 14.1.c., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page forty-two, subdivision 14.2.a., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page forty-two, subdivision 14.2.b., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page forty-two, subdivision 14.2.c., after the words "by
the" by striking out the word "Secretary" and inserting in lieu
thereof the word "Director";
On page forty-two, subdivision 14.2.c., after the words
"variance, the" by striking out the word "Secretary" and inserting in lieu thereof the word "Director";
On page forty-two, subdivision 15.1.a., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
On page forty-three, subsection 15.2., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director";
And,
On page forty-three, subdivision 15.2.c., by striking out the
word "Secretary" and inserting in lieu thereof the word "Director".
§64-3-2. Solid Waste Management Board.
The legislative rule filed in the State Register on the
twenty-fifth day of July, two thousand seven, authorized under the
authority of section nine-a, article four, chapter twenty-two-c of
this code, modified by the Solid Waste Management Board to meet the
objections of the Legislative Rule-Making Review Committee and
refiled in the State Register on the fifth day of December, two
thousand seven, relating to the Solid Waste Management Board
(performance measures and review standards for solid waste
authorities operating commercial solid waste facilities, 54 CSR 6),
is authorized.
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