H. B. 4108
(By Delegates Morgan, Stephens, Boggs,
Hatfield, Talbott, Staggers and Snuffer)
[Introduced January 18, 2012; referred to the
Committee on Government Organization then the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §22-1-15a, relating to authorizing the Secretary of the Department of Environmental Protection to regulate environmental sampling by legislative rule.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §22-1-15a, to read as follows:
ARTICLE 1. DEPARTMENT OF ENVIRONMENTAL PROTECTION.
§22-1-15a. Rules for environmental samples.
(a) The secretary shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code, that include:
(1) A procedure for collection of environmental samples associated with the issuance, monitoring or compliance of any permit or order issued by the Department of Environmental Protection: Provided, That the provisions of this section do not apply to the samples of potable or drinking water;
(2) The specific minimum requirements for acquiring environmental samples;
(3) A procedure for the review and approval of environmental samples;
(4) Establishing an annual certification and registration process for environmental samplers;
(5) A procedure for the renewal, denial, revocation and suspension of certification of environmental samplers; and
(6) An appeal process to the Environmental Quality Board pursuant to articles one and three, chapter twenty-two-b of this code.
(b) Persons holding a wastewater operator certificate, issued by the Department of Health and Human Resources, are exempt from the annual certification and training requirements established under subsection (a) of this section, but may be required to register with the Department of Environmental Protection.
NOTE: The purpose of this bill is to authorize the Department of Environmental Protection to promulgate rules for environmental sampling activities.
§22-1-15a is new; therefore, it has been completely underscored.
This bill was recommended for introduction and passage during the 2012 Regular Session of the Legislature by the Joint Standing Committee on Government Organization.