H. B. 2126
(By Delegates Beach, M. Poling, Stemple,
Proudfoot, Argento, Stalnaker and Williams)
[Introduced January 15, 2007; referred to the
Committee on Agriculture and Natural Resources then the
Judiciary.]
A BILL to amend and reenact §22-15-22 of the Code of West Virginia,
1931, as amended, relating to the regulation of land-based
finfish aquaculture facilities; and exempting them from
certain sludge management requirements.
Be it enacted by the Legislature of West Virginia:
That §22-15-22 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 15. SOLID WASTE MANAGEMENT ACT.
§22-15-22. Sludge management.
(a) Any sludge or other material determined by the secretary
to have beneficial properties similar to sewage sludge may be
beneficially used in accordance with the applicable requirements
governing sewage sludge, and any other requirements determined to
be necessary by the secretary to protect human health and the environment. Persons seeking to beneficially use sludge must meet
the requirements of this article and the rules promulgated
thereunder under this article.
(b) In order to enhance the resource recovery and recycling
goals of this act and to encourage the beneficial use of sludge or
other materials, the secretary shall propose for promulgation in
accordance with the provisions of article three, chapter
twenty-nine-a of this code, emergency and legislative rules to
effectuate the purposes of this section. The secretary shall, at
a minimum, include the following in the proposed rules:
(1) A mechanism to determine beneficial use characteristics;
(2) A method to determine pollutant content of the material
proposed for beneficial use;
(3) A method to determine that the beneficial properties of
the material are derived from the raw material rather than
additives;
(4) Buffer zones or other criteria necessary to adequately
protect ground and surface water;
(5) Necessary restrictions of pollutant levels in the
material;
(6) Analytical methods, loading rates and storage requirements
for the material;
(7) Permit requirements; and
(8) Appropriate fees.
(c) The provisions of this section do not apply to land-based
finfish aquaculture facilities.
NOTE: The purpose of this bill is to exempt land-based
finfish aquaculture facilities from certain sludge management
requirements.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.