Introduced Version
House Concurrent Resolution 1 History
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Introduced Version
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HOUSE CONCURRENT RESOLUTION NO. 111
(By Delegates Butcher, Cann, Givens, Manchin and Shott )
[Introduced March 10, 2010.]
Urging the United States Environmental Protection Agency to
interpret the West Virginia Water Pollution Act in the manner
that will
faithfully balance the protection of the environment
with the need to maintain and expand opportunities for
employment, agriculture and industry as set forth in the
Legislature's statement of public policy as contained in the
West Virginia Water Pollution Control Act.
Whereas,
In enacting the Federal Water Pollution Control Act
Congress declared that "it is the policy of Congress to recognize,
preserve and protect the primary responsibilities and rights of
States to prevent, reduce, and eliminate pollution, to plan the
development and use of land and water resources?." ; and
Whereas
, As an exercise of its sovereign and primary right to
plan the development and use of its lands and water resources the
West Virginia Legislature previously enacted Chapter 22 Article 11
of the 1931 Code of West Virginia as amended, the West Virginia
Water Pollution Control Act, and in that enactment declared it to
be "the public policy of the State of West Virginia to maintain
reasonable standards of purity and quality of the water of the state consistent with (1) public health and enjoyment thereof; (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 healthy industrial development."; and
Whereas
, The State of West Virginia has developed and
implemented environmental protection performance and permitting
standards to adequately protect the waters of the State consistent
with this statement of public policy; and
Whereas
, Such standards have been promulgated by the West
Virginia Department of Environmental Protection and the Legislature
and submitted to and approved by the United States Environmental
Protection Agency pursuant to the federal Clean Water Act; and
Whereas
, These environmental protections and permitting
measures include narrative water quality standards codified at 47
CSR 2-3; and
Whereas,
West Virginia's narrative standards must be
implemented and interpreted in a manner that is protective of
aquatic communities consistent with the Legislature's statement of
public policy and applicable laws; and
Whereas, The State of West Virginia has not adopted
subcategories of special use to protect a certain species of mayfly
but protects the aquatic community consistent with the
Legislature's statement of public policy; and
Whereas, West Virginia's economic stability relies on the
accurate implementation of applicable laws as enacted by the
Legislature; and
Whereas, The current method in which the United States
Environmental Protection Agency is interpreting the West Virginia
Water Pollution Control Act is hindering economic development
within the state which directly affects the employment
opportunities available to all West Virginians; and
Whereas, The West Virginia Legislature would not enact
legislation that would have a detrimental effect on the industrial
progression of the state and cause or contribute to environmental
degredation; therefore, be it
Resolved by the Legislature of West Virginia:
That any interpretation and implementation of West Virginia's
narrative water quality standards is the responsibility of the West
Virginia Department of Environmental Protection; and, be it
Further Resolved
, That the requirements of the narrative
criteria are met, when a stream (a) supports a balanced aquatic
community that is diverse in species composition; and (b) contains
appropriate trophic levels of fish (in streams with sufficient
flows to support fish populations); and (c)the aquatic community is
not composed only of pollution tolerant species, or the aquatic
community is composed of benthic invertebrate assemblages
sufficient to perform the biological functions necessary to support fish communities within the assessed reach (or, if the assessed
reach has insufficient flows to support a fish community, in those
downstream reaches where fish are present); and, be it
Further Resolved, That interpretation of West Virginia's
narrative water quality standards must faithfully balance the
protection of the environment with the need to maintain and expand
opportunities for employment, agriculture and industry as set forth
in the Legislature's statement of public policy as contained in the
West Virginia Water Pollution Control Act; and, be it
Further Resolved, That the West Virginia Legislature
encourages the United States Environment Protection Agency to
change their current interpretation of the West Virginia Water
Pollution Control Act to include the intent of the 72nd and
subsequent Legislatures; and be it
Further Resolved, That the Clerk of the House of Delegates
forward a certified copy of this resolution to the West Virginia
Department of Environmental Protection, the United States
Environmental Protection Agency, the Huntington District of the
United States Army Corps of Engineers, and other appropriate state
and federal agencies.