H. B. 2264
(By Delegate Preece)
[Introduced February 24, 1993; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section seven, article five-a,
chapter twenty of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to removing
the specified one hundred twenty month extension for a
permit, and to allow extension periods to be at the
discretion of the chief of the water resources section of
the division of natural resources.
Be it enacted by the Legislature of West Virginia:
That section seven, article five-a, chapter twenty of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 5A. WATER POLLUTION CONTROL ACT.
§20-5A-7. Procedure concerning permits required under article;
transfer of permits; prior permits.
(a) The chief or his duly authorized representatives shall
conduct such investigation as is deemed necessary and proper in
order to determine whether any such application should be grantedor denied. In making such investigation and determination as to
any application pertaining solely to sewage, the chief shall
consult with the director of the division of sanitary engineering
of the state department of health, department of health and human
resources, and in making such investigation and determination as
to any application pertaining to any activity specified in
subdivision (7), subsection (b), section five of this article,
the chief shall consult with the director of the state geological
and economic survey and the deputy director of the oil and gas
division of the department of mines, and all such persons shall
cooperate with the chief and assist him in carrying out the
duties and responsibilities imposed upon him under the provisions
of this article and the rules and regulations of the board; such
cooperation shall include, but not be limited to, a written
recommendation approving or disapproving the granting of the
permit and the reason or reasons for such recommendation, which
recommendation and the reason or reasons therefor shall be
submitted to the chief within the specified time period
prescribed by rules and regulations of the board.
(b) The department's permit shall be issued upon such
reasonable terms and conditions as the chief may direct if (1)
the application, together with all supporting information and
data and other evidence, establishes that any and all discharges
or releases, escapes, deposits and disposition of treated or
untreated sewage, industrial wastes or other wastes, or the
effluent therefrom, resulting from the activity or activities forwhich the application for a permit was made will not cause
pollution of the waters of this state or violate any effluent
limitations or any rules and regulations of the board:
Provided,
That the chief may issue a permit whenever in his judgment the
water quality standards of the state may be best protected by the
institution of a program of phased pollution abatement which
under the terms of the permit may temporarily allow a limited
degree of pollution of the waters of the state; and (2) in cases
wherein it is required, such applicant shall include the name and
address of the responsible agent as set forth in section eight-b
of this article.
(c) Each permit issued under this article shall have a fixed
term not to exceed five years:
Provided,
That when the
applicant, in accordance with agency rules, has made a timely and
complete application for permit reissuance, the permit term may
be extended by the chief, at his discretion. for a period not to
exceed one hundred twenty months beyond its expiration date Upon
expiration of a permit, a new permit may be issued by the chief
upon condition that the discharges or releases, escapes, deposits
and disposition thereunder meet or will meet all applicable state
and federal water quality standards, effluent limitations and all
other requirements of this article.
(d) An application for a permit incident to remedial action
in accordance with the provisions of section eleven of this
article shall be processed and decided as any other application
for a permit required under the provisions of section five ofthis article.
(e) A complete application for any permit shall be acted
upon by the chief, and the department's permit delivered or
mailed, or a copy of any order of the chief denying any such
application delivered or mailed to the applicant by the chief,
within a reasonable time period as prescribed by rules and
regulations of the board.
(f) When it is established that an application for a permit
should be denied, the chief shall make and enter an order to that
effect, which order shall specify the reasons for such denial,
and shall cause a copy of such order to be served on the
applicant by registered or certified mail. The chief shall also
cause a notice to be served with a copy of such order, which
notice shall advise the applicant of his right to appeal to the
board by filing a notice of appeal on the form prescribed by the
board for such purpose, with the board, in accordance with the
provisions of section fifteen of this article, within thirty days
after the date upon which the applicant received the copy of such
order. However, an applicant may alter the plans and
specifications for the proposed activity and submit a new
application for any such permit, in which event the procedure
hereinbefore outlined with respect to an original application
shall apply.
(g) A permit shall be transferable to another person upon
proper notification to the division and in accordance with
applicable regulations. Such transfer shall not become effectiveuntil it is reflected in the records of the division of water
resources.
(h) All permits for the discharge of sewage, industrial
wastes or other wastes into any waters of the state issued by the
water resources board prior to July one, one thousand nine
hundred sixty-four, and all permits heretofore issued under the
provisions of this article, and which have not been heretofore
revoked, are subject to review, revocation, suspension,
modification and reissuance in accordance with the terms and
conditions of this article and the rules and regulations
promulgated thereunder. Any order of revocation, suspension or
modification made and entered pursuant to this subsection shall
be upon at least twenty days' notice and shall specify the
reasons for such revocation, suspension or modification and the
chief shall cause a copy of such order, together with a copy of
a notice of the right to appeal to the board as provided for in
section eight of this article, to be served upon the permit
holder as specified in said section eight.
NOTE: The purpose of this bill is to remove the existing
120 month permit extension period to allow for extension periods
to be at the discretion of the chief of the water resources
section of the department of natural resources.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.