Senate Bill No. 531
(By Senator Snyder)
[Introduced February 16, 2011; referred to the Committee on Energy, Industry and Mining; and then to the Committee on 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 environmental samples; and promulgation of rules regarding same.
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. Environmental Samples; guidance for field activities; rules; revocation and suspension; environmental sampler certification; programs affected; and appeals.
(a) The secretary shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code. The rules shall include, but not be limited to, the following:
(1) A procedure for the review and approval of environmental sampling activities associated with the issuance or monitoring of any permit, order, or other covered action by the Department of Environmental Protection.
(2) Specific minimum requirements for environmental sampling activities including, but not limited to, sample type, matrix definitions, instrument calibration, proficiency testing and documentation requirements.
(3) A procedure for collection of specified sample types and matrices.
(4) A procedure for the proper use of field measurement instruments.
(5) Provisions for establishing a process for the education, training, assessment and annual certification of environmental samplers collecting samples pursuant to covered statutory programs.
(6) Provisions for the revocation and suspension of certification of environmental samplers failing to meet the minimum criteria established by the rule.
(b) For purposes of this section, "covered statutory program" means one of the regulatory programs developed under statutory authority of one of the following Acts of the Legislature: Water Pollution Control Act, article eleven of this chapter; Hazardous
Waste Management Act, article eighteen of this chapter; Hazardous Waste Emergency Response Fund Act, article nineteen of this chapter; Underground Storage Tank Act, article seventeen of this chapter; the Solid Waste Management Act, article fifteen of this chapter; and the Groundwater Protection Act, article twelve of this chapter.
(c) Any person adversely affected by an order or action by the secretary pursuant to this section, aggrieved by the failure or refusal of the secretary to act within a reasonable time or aggrieved by the action of the secretary in granting or denying a certification or renewal of a certification, may appeal to the Environmental Quality Board pursuant to article one, chapter twenty-two-b of this code.
(d) The provisions of this section apply only to environmental samplers subject to regulation by the Department of Environmental Protection. The provisions of this section do not apply to the sampler of potable or drinking water.
NOTE: The purpose of this bill is to promulgate rules for environmental sampling activities.
This section is new; therefore, strike-throughs and underscoring have been omitted.