Senate Bill No. 461
(By Senators Caruth, Chafin, Tomblin (Mr. President), Browning,
Edgell, Green, Helmick, Plymale, Stollings, Jenkins, Laird,
Minard, Yost, Barnes, Hall, Deem, Oliverio, Williams and Fanning)
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[Introduced March 5, 2009; referred to the Committee on Energy,
Industry and Mining; and then to the Committee on the Judiciary.]
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A BILL to amend and reenact §22-11-6 of the Code of West Virginia,
1931, as amended, relating to extending the time for
compliance with selenium effluent limits.
Be it enacted by the Legislature of West Virginia:
That §22-11-6 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 11. WATER POLLUTION CONTROL ACT.
§22-11-6. Requirement to comply with standards of water quality
and effluent limitations.
All persons affected by rules establishing water quality
standards and effluent limitations shall promptly comply therewith:
Provided, That where necessary and proper, the chief may specify a
reasonable time for persons not complying with such standards and limitations to comply therewith, and upon the expiration of any
such period of time, the chief shall revoke or modify any permit
previously issued which authorized the discharge of treated or
untreated sewage, industrial wastes or other wastes into the waters
of this state which result in reduction of the quality of such
waters below the standards and limitations established therefor by
rules of the board or director.
For existing NPDES permits the
time for achieving water quality based effluent limits for selenium
discharges into waters supporting aquatic life uses is extended to
July 1, 2012.
NOTE: The purpose of this bill is to extend the time for
compliance with selenium effluent limits.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.