Introduced Version
Senate Bill 655 History
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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 655
(By Senators White and Kessler)
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[Introduced February 22, 2010; referred to the Committee on
Energy, Industry and Mining.]
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A BILL to amend and reenact §22-11-8 of the Code of West Virginia,
1931, as amended, relating to the Water Pollution Control Act;
and prohibiting new permits and modifications and renewals of
existing permits for underground injection of coal slurry.
Be it enacted by the Legislature of West Virginia:
That §22-11-8 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 11. WATER POLLUTION CONTROL ACT.
§22-11-8. Prohibitions; permits required.
(a) The chief may, after public notice and opportunity for
public hearing, issue a permit for the discharge or disposition of
any pollutant or combination of pollutants into waters of this state
upon condition that such discharge or disposition meets or will meet
all applicable state and federal water quality standards and effluent limitations and all other requirements of this article and
article three, chapter twenty-two-b of this code.
(b) It is unlawful for any person, unless the person holds a
permit therefor from the division, which is in full force and
effect, to:
(1) Allow sewage, industrial wastes or other wastes, or the
effluent therefrom, produced by or emanating from any point source,
to flow into the waters of this state;
(2) Make, cause or permit to be made any outlet, or
substantially enlarge or add to the load of any existing outlet, for
the discharge of sewage, industrial wastes or other wastes, or the
effluent therefrom, into the waters of this state;
(3) Acquire, construct, install, modify or operate a disposal
system or part thereof for the direct or indirect discharge or
deposit of treated or untreated sewage, industrial wastes or other
wastes, or the effluent therefrom, into the waters of this state,
or any extension to or addition to such disposal system;
(4) Increase in volume or concentration any sewage, industrial
wastes or other wastes in excess of the discharges or disposition
specified or permitted under any existing permit;
(5) Extend, modify or add to any point source, the operation
of which would cause an increase in the volume or concentration of
any sewage, industrial wastes or other wastes discharging or flowing into the waters of the state;
(6) Construct, install, modify, open, reopen, operate or
abandon any mine, quarry or preparation plant, or dispose of any
refuse or industrial wastes or other wastes from any such mine or
quarry or preparation plant:
Provided, That the division's permit
is only required wherever the aforementioned activities cause, may
cause or might reasonably be expected to cause a discharge into or
pollution of waters of the state, except that a permit is required
for any preparation plant:
Provided, however, That unless waived
in writing by the chief, every application for a permit to open,
reopen or operate any mine, quarry or preparation plant or to
dispose of any refuse or industrial wastes or other wastes from any
such mine or quarry or preparation plant shall contain a plan for
abandonment of such facility or operation, which plan shall comply
in all respects to the requirements of this article. Such plan of
abandonment is subject to modification or amendment upon application
by the permit holder to the chief and approval of such modification
or amendment by the chief;
(7) Operate any disposal well for the injection or reinjection
underground of any industrial wastes, including, but not limited to,
liquids or gases, or convert any well into such a disposal well or
plug or abandon any such disposal well. Notwithstanding the
foregoing, effective with the amendment of this section by the Legislature during the regular session of 2010, the issuance of new
permits, permit modifications, or permit renewals for the injection
underground of coal slurry is prohibited.
(c) Where a person has a number of outlets emerging into the
waters of this state in close proximity to one another, such outlets
may be treated as a unit for the purposes of this section, and only
one permit issued for all such outlets.
(d) For water pollution control and national pollutant
discharge elimination system permits issued for activities regulated
by the office of mining and reclamation and the office of oil and
gas, the chief of the office of water resources may delegate
functions, procedures and activities to the respective chiefs of
those offices. Permits for such activities shall be issued under
the supervision of and with the signature and approval of the chief
of the office of water resources who shall review and approve all
procedures, effluent limits and other conditions of such permits.
NOTE: The purpose of this bill is to prohibit new permits or
modifications and renewals of existing permits for the underground
injection of coal slurry.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.