Senate Bill No. 502
(By Senators Williams, Caruth, Plymale, Chafin and Sypolt)
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[Introduced February 8, 2010; referred to the Committee on
Energy, Industry and Mining.]
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A BILL to amend and reenact §22-1-6 of the Code of West Virginia,
1931, as amended, relating to requiring all final actions by
the Department of Environmental Protection regarding coal mine
permits to be completed within six months after the applicant
provides all information required for a final decision to be
made on said application for a coal mining permit.
Be it enacted by the Legislature of West Virginia:
That §22-1-6 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 1. DEPARTMENT OF ENVIRONMENTAL PROTECTION.
§22-1-6. Secretary of the Department of Environmental Protection.
(a) The secretary is the chief executive officer of the
department. Subject to section seven of this article and other
provisions of law, the secretary shall organize the department into
such offices, sections, agencies and other units of activity as may be found by the secretary to be desirable for the orderly,
efficient and economical administration of the department and for
the accomplishment of its objects and purposes. The secretary may
appoint a deputy secretary, chief of staff, assistants, hearing
officers, clerks, stenographers and other officers, technical
personnel and employees needed for the operation of the department
and may prescribe their powers and duties and fix their
compensation within amounts appropriated.
(b) The secretary has the power to and may designate
supervisory officers or other officers or employees of the
department to substitute for him or her on any board or commission
established under this code or to sit in his or her place in any
hearings, appeals, meetings or other activities with such
substitute having the same powers, duties, authority and
responsibility as the secretary. The secretary has the power to
delegate, as he or she considers appropriate, to supervisory
officers or other officers or employees of the department his or
her powers, duties, authority and responsibility relating to
issuing permits, hiring and training inspectors and other employees
of the department, conducting hearings and appeals and such other
duties and functions set forth in this chapter or elsewhere in this
code.
(c) The secretary has responsibility for the conduct of the
intergovernmental relations of the department, including assuring:
(1) That the department carries out its functions in a manner which supplements and complements the environmental policies,
programs and procedures of the federal government, other state
governments and other instrumentalities of this state; and
(2) That appropriate officers and employees of the department
consult with individuals responsible for making policy relating to
environmental issues in the federal government, other state
governments and other instrumentalities of this state concerning
differences over environmental policies, programs and procedures
and concerning the impact of statutory law and rules upon the
environment of this state.
(d) In addition to other powers, duties and responsibilities
granted and assigned to the secretary by this chapter, the
secretary is authorized and empowered to:
(1) Sign and execute in the name of the state by the
Department of Environmental Protection any contract or agreement
with the federal government or its departments or agencies,
subdivisions of the state, corporations, associations, partnerships
or individuals.
Provided, That However, the powers granted to the
secretary to enter into agreements or contracts and to make
expenditures and obligations of public funds under this subdivision
may not exceed or be interpreted as authority to exceed the powers
granted by the Legislature to the various commissioners, directors
or board members of the various departments, agencies or boards
that comprise and are incorporated into each secretary's department
pursuant to the provisions of chapter five-f of this code;
(2) Conduct research in improved environmental protection
methods and disseminate information to the citizens of this state;
(3) Enter private lands to make surveys and inspections for
environmental protection purposes; to investigate for violations of
statutes or rules which the department is charged with enforcing;
to serve and execute warrants and processes; to make arrests; issue
orders, which for the purposes of this chapter include consent
agreements; and to otherwise enforce the statutes or rules which
the department is charged with enforcing;
(4) Require any applicant or holder of a permit to install,
establish, modify, operate or close a solid waste facility to
furnish the fingerprints of the applicant or permittee; any
officer, director or manager of the applicant or permittee; any
person owning a five percent or more interest, beneficial or
otherwise, in the applicant's or permittee's business; or any other
person conducting or managing the affairs of the applicant or
permittee or of the proposed licensed premises, in whole or in
part. These fingerprints may be used to obtain and review any
police record for the purposes set may be relevant pursuant to
section five, article fifteen of this chapter, and to use the
fingerprints furnished to conduct a criminal records check through
the Criminal Identification Bureau of the West Virginia State
Police and a national criminal history check through the Federal
Bureau of Investigation. The results of the checks shall be
provided to the secretary.
(5) Acquire for the state in the name of the Department of
Environmental Protection by purchase, condemnation, lease or
agreement, or accept or reject for the state, in the name of the
Department of Environmental Protection, gifts, donations,
contributions, bequests or devises of money, security or property,
both real and personal, and any interest in property;
(6) Provide for workshops, training programs and other
educational programs, apart from or in cooperation with other
governmental agencies, necessary to ensure adequate standards of
public service in the department. The secretary may provide for
technical training and specialized instruction of any employee.
Approved educational programs, training and instruction time may be
compensated for as a part of regular employment. The secretary is
authorized to pay out of federal or state funds, or both, as such
funds are available, fees and expenses incidental to the
educational programs, training and instruction. Eligibility for
participation by employees shall be in accordance with guidelines
established by the secretary;
(7) Issue certifications required under 33 U. S. C. §1341 of
the federal Clean Water Act and enter into agreements in accordance
with the provisions of section seven-a, article eleven of this
chapter. Prior to issuing any certification the secretary shall
solicit from the Division of Natural Resources reports and comments
concerning the possible certification. The Division of Natural
Resources shall direct the reports and comments to the secretary for consideration; and
(8) Notwithstanding any provisions of this code to the
contrary, employ in-house counsel to perform all legal services for
the secretary and the department, including, but not limited to,
representing the secretary, any chief, the department or any office
thereof in any administrative proceeding or in any proceeding in
any state or federal court. Additionally, the secretary may call
upon the Attorney General for legal assistance and representation
as provided by law.
(e) The secretary shall be appointed by the Governor, by and
with the advice and consent of the Senate, and serves at the will
and pleasure of the Governor.
(f) At the time of his or her initial appointment, the
secretary must be at least thirty years old and shall be selected
with special reference and consideration given to his or her
administrative experience and ability, to his or her demonstrated
interest in the effective and responsible regulation of the energy
industry and the conservation and wise use of natural resources.
The secretary must have at least a bachelor's degree in a related
field and at least three years of experience in a position of
responsible charge in at least one discipline relating to the
duties and responsibilities for which the secretary will be
responsible upon assumption of the office. The secretary may not
be a candidate for or hold any other public office, may not be a
member of any political party committee and shall immediately forfeit and vacate his or her office as secretary in the event he
or she becomes a candidate for or accepts appointment to any other
public office or political party committee.
(g) The secretary shall receive an annual salary as provided
in section two-a, article seven, chapter six of this code and is
allowed and shall be paid necessary expenses incident to the
performance of his or her official duties. Prior to the assumption
of the duties of his or her office, the secretary shall take and
subscribe to the oath required of public officers prescribed by
section five, article IV of the Constitution of West Virginia and
shall execute a bond, with surety approved by the Governor, in the
penal sum of $10,000, which executed oath and bond will be filed in
the Office of the Secretary of State. Premiums on the bond shall
be paid from the department funds.
(h) Notwithstanding any other provision of this code, any coal
mining permit application pursuant to this chapter shall be
finalized by the Department of Environmental Protection within six
months after the applicant provides all information required for a
final decision to be made on said coal mining permit application.
NOTE: This bill shall require all final actions by the
Department of Environmental Protection regarding coal mine permits
to be completed within six months after the applicant provides all
information required for a final decision to be made on said
application for a coal mining permit.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would be added.
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