H. C. R. 52
(By Delegates Amores, Kominar, Caputo, Craig, Brown,
DeLong, Fleischauer, Foster, Hrutkay, Mahan, Morgan,
Palumbo, Pethtel, Pino, Stemple, R. Thompson, Webster,
Armstead, Calvert, Ellem, Faircloth, Overington,
Schadler, Smirl and Webb)
(Originating in the Committee on the Judiciary)
[February 25, 2004]
Requesting the Joint Committee on Government and Finance study the
State's water quality standards.
Whereas, Water is a vital economic resource of equal or greater
importance than any other mineral or natural resource; and
Whereas, The State has a compelling interest in assuring that
the quality of its water resources are maintained in a manner that
both protects the State's natural resources and assures an adequate
supply of safe usable water for domestic,
agricultural, commercial
and industrial purposes; and
Whereas, Water resources must be protected to meet the water
needs of people while maintaining and improving the State's natural
systems; and
Whereas, The policy of the State is to maintain reasonable
standards of purity and quality of water in this State consistent
with (1) public health and public enjoyment of the water resource;
(2) the propagation and protection of animal, bird, fish, aquatic
and plant life; and (3) the expansion of employment opportunities, maintenance and expansion of agriculture and the provision of a
permanent foundation for health industrial development; and
Whereas, The management and protection of our substantial water
resources are carried out under federally delegated authority
through the "Federal Water Pollution Control Act" and the "National
Pollutant Discharge Elimination System" which require the State to
establish and implement water quality standards consistent with the
federal requirements; and
Whereas, The environmental quality board is charged with the
responsibility of developing the water quality standards for the
State; and
Whereas, The water quality standards are complex and scientific
in nature and generate much debate and controversy whenever they
are amended or brought before the Legislature; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Joint Committee on
Government and Finance study the State's water quality standards;
and, be it
Further Resolved, That the Joint Committee on Government and
Finance establish a joint water quality standards committee that
will under take a comprehensive review of the State's water quality
standards, including, but not limited to:
1. Proposals to change the water quality standards as they
relate to specific parameters or constituents for which water must be tested under a National Pollutant Discharge Elimination System
permit;
2. Determination of which waters are trout streams for
purposes of inclusion or removal from a list of trout streams
contained in the water quality standards;
3. The application of Category A, drinking water standard, to
specific water resources; and
4. The impact of the recent federal court cases on the
development, amendment and passage by the Legislature of the
State's water quality standards through the Legislative Rulemaking
process; and, be it
Further Resolved, That the joint water quality standards
committee be dedicated to comprehensively addressing West Virginia
water quality. The committee shall consist of five members each
from the House of Delegates and the Senate, including the chairs of
the Judiciary, Finance and Natural Resources committees, to be
appointed by the Speaker of the House of Delegates and the
President of the Senate, with the cochairs appointed from the three
appointees who do not chair the standing committees; and, be it
Further Resolved, That joint water quality standards committee
shall have the following advisory members for the purposes of
providing technical information: a chemist or chemical engineer, a
biologist, a geologist, a hydrologist and a botanist. The advisory
members shall be selected from relevant governmental agencies, including, but not limited to, the Department of Environmental
Protection, the Division of Natural Resources and the Department of
Agriculture, together with representatives of industry and the
environmental community meeting the qualifications set forth above.
The advisory appointment shall be made by the President of the
Senate and the Speaker of the House of Delegates; and, be it
Further Resolved, That the joint committee on water quality
standards report to the Joint Committee on Government and Finance
on or before the thirty-first day of January, 2005, on its
findings, conclusions and recommendations, together with drafts of
any legislation necessary to effectuate its recommendations; and,
be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
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