ENGROSSED
Senate Bill No. 1005
(By Senators Burdette, Mr. President, and Boley,
By Request of the Executive)
__________
[Introduced March 14, 1994; referred to the
Committee on the Judiciary.]
__________
A BILL to amend and reenact sections one, two, seven, eight,
seventeen and eighteen, article three, chapter sixty-four of
the code of West Virginia, one thousand nine hundred thirty-
one, as amended, all relating generally to the promulgation
of administrative rules and regulations by the various
executive or administrative agencies and the procedures
relating thereto; the legislative mandate or authorization
for the promulgation of certain legislative rules by various
executive and administrative agencies of the state;
authorizing certain of the agencies to promulgate certain
legislative rules in the form that the rules were filed in
the state register; authorizing certain of the agencies to
promulgate legislative rules as amended by the Legislature;
authorizing certain of the agencies to promulgate
legislative rules with various modifications presented to
and recommended by the legislative rule-making review
committee; authorizing the air pollution control commission
to promulgate legislative rules relating to emission
standards for hazardous air pollutants; authorizing the air
pollution control commission to promulgate legislative rules
relating to the air pollution control commission to prevent
and control air pollution from the emission of sulfur
oxides, as modified; authorizing the air pollution control
commission to promulgate legislative rules relating to
permits for construction, modification, relocation and
operation of stationary sources of air pollutants;
notification requirements, temporary permits, general
permits and procedures for evaluation; authorizing the air
pollution control commission to promulgate legislative rules
relating to prevention and control of particulate air
pollution from manufacturing process operations; authorizing
the air pollution control commission to promulgate
legislative rules relating to standards of performance for
new stationary sources; authorizing the air pollution
control commission to promulgate legislative rules relating
to prevention and control of air pollution from hazardous
waste treatment, storage or disposal facilities, as
modified; authorizing the air pollution control commission
to promulgate legislative rules relating to requirements for
operating permits; authorizing the division of banking to
promulgate legislative rules relating to acquisition of
property by financial institutions and valuation of real
estate owned by state-chartered banks, as modified;authorizing the division of banking to promulgate
legislative rules relating to notice and treatment of joint
accounts, as modified; authorizing the division of labor to
promulgate legislative rules relating to the elevator safety
act, as modified; authorizing the division of natural
resources to promulgate legislative rules relating to
prohibitions when hunting and trapping, as amended;
authorizing the division of natural resources to promulgate
legislative rules relating to special fishing, as modified
and amended; authorizing the division of natural resources
to promulgate legislative rules relating to commercial
whitewater commission, as amended; authorizing the division
of environmental protection to promulgate legislative rules
relating to solid waste landfill closure assistance program,
as modified; authorizing the division of environmental
protection to promulgate legislative rules relating to
monitoring wells, as modified and amended; authorizing the
division of environmental protection to promulgate
legislative rules relating to groundwater protection, as
modified; authorizing the division of environmental
protection to promulgate legislative rules relating to
groundwater protection and coal mining operations, as
amended; authorizing the division of environmental
protection to promulgate legislative rules relating to
sewage sludge management, as modified and amended;
authorizing the division of environmental protection to
promulgate legislative rules relating to groundwaterprotection act fee schedule, as modified; authorizing the
division of environmental protection to promulgate
legislative rules relating to underground injection control
fee schedule, as modified; authorizing the division of
environmental protection to promulgate legislative rules
relating to underground storage tanks, as modified and
amended; authorizing the division of environmental
protection to promulgate legislative rules relating to
commercial hazardous waste management facility siting fees,
as modified and amended; authorizing the division of
environmental protection to promulgate legislative rules
relating to hazardous waste management; authorizing the
division of environmental protection to promulgate
legislative rules relating to dam safety, as modified and
amended; authorizing the division of environmental
protection to promulgate legislative rules relating to
groundwater quality standard variances, as modified;
authorizing the division of environmental protection to
promulgate legislative rules relating to lead acid battery,
as modified and amended; authorizing the division of
environmental protection to promulgate legislative rules
relating to yard waste composting, as modified and amended;
authorizing the division of environmental protections to
promulgate legislative rules relating to the assessment of
civil administrative penalties, as modified; authorizing the
director of the office of miners' health, safety and
training to promulgate legislative rules relating to rulesand regulations governing the standards for certification of
blasters for surface coal mines and surface areas of
underground coal mines, as modified; and authorizing the
director of the officer of miners' health, safety and
training to promulgate legislative rules relating to first
aid training of shaft and/or slope employees, as modified.
Be it enacted by the Legislature of West Virginia:
That sections one, two, seven, eight, seventeen and
eighteen, article three, chapter sixty-four of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended and reenacted, all to read as follows:
ARTICLE 3. AUTHORIZATION FOR DEPARTMENT OF COMMERCE, LABOR AND
ENVIRONMENTAL RESOURCES TO PROMULGATE LEGISLATIVE RULES.
§64-3-1. Air pollution control commission.
(a) The legislative rules filed in the state register on the
thirteenth day of August, one thousand nine hundred eighty-two,
relating to the air pollution control commission (series VII),
are authorized.
(b) The legislative rules filed in the state register on the
thirteenth day of August, one thousand nine hundred eighty-two,
relating to the air pollution control commission (series XIX),
are authorized.
(c) The legislative rules filed in the state register on the
sixteenth day of November, one thousand nine hundred eighty-
three, relating to the air pollution control commission (emission
standards for hazardous air pollutants) (series XV), are
authorized.
(d) The legislative rules filed in the state register on the
sixteenth day of November, one thousand nine hundred eighty-
three, relating to the air pollution control commission
(standards of performance for new stationary sources) (series
XVI), are authorized.
(e) The legislative rules filed in the state register on the
sixth day of January, one thousand nine hundred eighty-four,
relating to the air pollution control commission (to prevent and
control air pollution from hazardous waste treatment, storage or
disposal facilities) (series XXV), are authorized with the
amendments set forth below:
Page 3, §1.06, change the § title from "Enforcement" to
"Procedure"; place an "(a)" in front of the existing paragraph
and add the following:
"(b) Permit applications filed pursuant to this regulation
shall be processed in accordance with the permitting procedures
as set forth in code §20-5E of this regulation. Permit
procedures set forth in code §16-20 and any other regulation of
this commission are not applicable to any permit application
filed pursuant to this regulation."
Such rules shall also include a section which shall read as
follows:
"The commission shall report to the legislative rule-making
review committee as required by that committee, but in no event
later than the first day of the regular session of the
Legislature in the year one thousand nine hundred eighty-five.
Such report shall include information regarding the commission'sdata gathering efforts, the development of compliance programs,
the progress in implementation, and such other matters as the
committee may require, pertaining to the regulations hereby
authorized."
(f) The legislative rules filed in the state register on the
ninth day of January, one thousand nine hundred eighty-four,
relating to the air pollution control commission (permits for
construction and modification of stationary sources of air
pollution for the prevention of significant deterioration)
(series XIV), are authorized.
(g) The legislative rules filed in the state register on the
thirtieth day of December, one thousand nine hundred eighty-
eight, modified by the air pollution control commission to meet
the objections of the legislative rule-making review committee
and refiled in the state register on the twenty-third day of
February, one thousand nine hundred eighty-nine, relating to the
air pollution control commission (prevention and control of air
pollution from hazardous waste treatment, storage or disposal
facilities), are authorized.
(h) The legislative rules filed in the state register on the
thirtieth day of December, one thousand nine hundred eighty-
eight, modified by the air pollution control commission to meet
the objections of the legislative rule-making review committee
and refiled in the state register on the twenty-third day of
February, one thousand nine hundred eighty-nine, relating to the
air pollution control commission (good engineering practice as
applicable to stack heights), are authorized.
(i) The legislative rules filed in the state register on the
thirtieth day of December, one thousand nine hundred eighty-
eight, modified by the air pollution control commission to meet
the objections of the legislative rule-making review committee
and refiled in the state register on the twenty-third day of
February, one thousand nine hundred eighty-nine, relating to the
air pollution control commission (TP-2, compliance test
procedures for regulation 2 -- to prevent and control particulate
air pollution from combustion of fuel in indirect heat
exchangers), are authorized.
(j) The legislative rules filed in the state register on the
sixth day of September, one thousand nine hundred eighty-nine,
modified by the air pollution control commission to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the tenth day of January, one
thousand nine hundred ninety, relating to the air pollution
control commission (ambient air quality standards for sulfur
oxides and particulate matter), are authorized.
(k) The legislative rules filed in the state register on the
sixth day of September, one thousand nine hundred eighty-nine,
modified by the air pollution control commission to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the tenth day of January, one
thousand nine hundred ninety, relating to the air pollution
control commission (prevention of air pollution emergency
episodes), are authorized.
(l) The legislative rules filed in the state register on thesixth day of September, one thousand nine hundred eighty-nine,
modified by the air pollution control commission to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the tenth day of January, one
thousand nine hundred ninety, relating to the air pollution
control commission (permits for construction and major
modification of major stationary sources of air pollution for the
prevention of significant deterioration), are authorized.
(m) The legislative rules filed in the state register on the
sixth day of September, one thousand nine hundred eighty-nine,
relating to the air pollution control commission (standards of
performance for new stationary sources), are authorized.
(n) The legislative rules filed in the state register on the
sixth day of September, one thousand nine hundred eighty-nine,
relating to the air pollution control commission (emission
standards for hazardous air pollutants), are authorized.
(o) The legislative rules filed in the state register on the
sixteenth day of October, one thousand nine hundred eighty-nine,
modified by the air pollution control commission to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the tenth day of January, one
thousand nine hundred ninety, relating to the air pollution
control commission (prevention and control of emissions of toxic
air pollutants), are authorized.
(p) The legislative rules filed in the state register on the
tenth day of August, one thousand nine hundred ninety, relating
to the air pollution control commission (prevention and controlof air pollution from the emission of volatile organic compounds
from bulk gasoline terminals), are authorized.
(q) The legislative rules filed in the state register on the
thirteenth day of August, one thousand nine hundred ninety,
modified by the air pollution control commission to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the fifteenth day of November,
one thousand nine hundred ninety, relating to the air pollution
control commission (air quality management fee program), are
authorized.
(r) The legislative rules filed in the state register on the
tenth day of August, one thousand nine hundred ninety, relating
to the air pollution control commission (prevention and control
of air pollution from the emission of volatile organic compounds
from the storage of petroleum liquids in fixed roof tanks), are
authorized.
(s) The legislative rules filed in the state register on the
tenth day of August, one thousand nine hundred ninety, relating
to the air pollution control commission (prevention and control
of air pollution from the emission of volatile organic compounds
from petroleum refinery sources), are authorized.
(t) The legislative rules filed in the state register on the
eighteenth day of December, one thousand nine hundred ninety-one,
modified by the air pollution control commission to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the fifteenth day of December,
one thousand nine hundred ninety-two, relating to the airpollution control commission (regulations to prevent and control
air pollution from the emission of volatile organic compounds),
are authorized with the amendments set forth below:
On page 26, subsection §45-21-9.2, by striking all of §45-
21-9.2 and inserting in lieu thereof a new §45-21-9.2, to read as
follows:
"9.2 Registration. -- Within thirty (30) days after May 31,
1993, all persons owning and/or operating a source subject to
this regulation and not previously registered shall have
registered such source(s) with the chief: Provided, That on a
case-by-case basis, the chief may extend the 30-day period for
the registration of sources to allow sources up to one hundred
eighty (180) days after May 31, 1993 to register. The
information required for registration shall be determined and
provided in the manner specified by the chief. Registration
forms shall be requested from the chief by the owner or operator
of such source(s)."
On page fifty-six, subsection §45-21-20.5a by striking out
all of line "a" and its equivalent column and inserting in lieu
thereof the words "a = Surface area coated per day in terms of
square meters divided by 100 or surface area coated per day in
terms of square feet divided by 1000."
And,
On page one hundred eighty-three, subsection §45-21-40.2
after the words "control technology (RACT) in section" by
striking the numbers "2.57." and inserting in lieu thereof the
numbers "2.60."
(u) The legislative rules filed in the state register on the
eighteenth day of September, one thousand nine hundred ninety-
two, relating to the air pollution control commission
(confidential information), are authorized.
(v) The legislative rules filed in the state register on the
eighteenth day of September, one thousand nine hundred ninety-
two, relating to the air pollution control commission (serious
and minor violations of applicable rules), are authorized.
(w) The legislative rules filed in the state register on the
thirty-first day of August, one thousand nine hundred ninety-two,
relating to the air pollution control commission (permits for
construction and major modification of major stationary sources
of air pollution for the prevention of significant
deterioration), are authorized with the amendment set forth
below:
"On page fourteen, subsection §45.13.6.5 after the word
"[W]ithin" by striking the word "twelve (12)" and inserting in
lieu thereof the word "six (6)".
(x) The legislative rules filed in the state register on the
twenty-eighth day of August, one thousand nine hundred ninety-
two, modified by the air pollution control commission to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the nineteenth day of February,
one thousand nine hundred ninety-three, relating to the air
pollution control commission (regulations to prevent and control
air pollution from the operation of coal preparation plants and
coal handling operations), are authorized.
(y) The legislative rules filed in the state register on the
thirty-first day of August, one thousand nine hundred ninety-two,
modified by the air pollution control commission to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the nineteenth day of February,
one thousand nine hundred ninety-three, relating to the air
pollution control commission (requirements for pre-construction
review, determination of emission offsets for proposed new or
modified stationary sources of air pollutants and emission
trading for intrasource pollutants), are authorized with the
amendment set forth below:
On page twenty-one, subsection §45.19.12.5 after the word
"[W]ithin" by striking the word "twelve (12)" and inserting in
lieu thereof the word "six (6)".
(z) The legislative rules filed in the state register on the
twenty-eighth day of August, one thousand nine hundred ninety-
two, modified by the air pollution control commission to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the nineteenth day of February,
one thousand nine hundred ninety-three, relating to the air
pollution control commission (requiring the submission of
emission statements for volatile organic compound emissions and
oxides of nitrogen emissions), are authorized with the amendment
set forth below:
On page four, section 2.27. after the words 'VOC or' by
striking out the words '100 tons per year or more of'".
(aa) The legislative rules filed in the state register onthe thirteenth day of August, one thousand nine hundred ninety-
three, relating to the air pollution control commission (emission
standards for hazardous air pollutants) are authorized.
(bb) The legislative rules filed in the state register on
the thirteenth day of August, one thousand nine hundred
ninety-three, modified by the air pollution control commission to
meet the objections of the legislative rule-making review
committee and refiled in the state register on the twenty-first
day of January, one thousand nine hundred ninety-four, relating
to the air pollution control commission (to prevent and control
air pollution from the emission of sulfur oxides) are authorized.
(cc) The legislative rules filed in the state register on
the thirteenth day of August, one thousand nine hundred
ninety-three, relating to the air pollution control commission
(permits for construction, modification, relocation and operation
of stationary sources of air pollutants, notification
requirements, temporary permits, general permits, and procedures
for evaluation) are authorized.
(dd) The legislative rules filed in the state register on
the seventh day of October, one thousand nine hundred
ninety-three, relating to the air pollution control commission
(to prevent and control particulate air pollution from
manufacturing process operations), are authorized.
(ee) The legislative rules filed in the state register on
the thirteenth day of August, one thousand nine hundred
ninety-three, relating to the air pollution control commission
(standards of performance for new stationary sources) areauthorized.
(ff) The legislative rules filed in the state register on
the thirteenth day of August, one thousand nine hundred
ninety-three, modified by the air pollution control commission to
meet the objections of the legislative rule-making review
committee and refiled in the state register on the sixth day of
January, one thousand nine hundred ninety-four, relating to the
air pollution control commission (to prevent and control air
pollution from hazardous waste treatment, storage or disposal
facilities), are authorized.
(gg) The legislative rules filed in the state register on
the thirteenth day of August, one thousand nine hundred
ninety-three, relating to the air pollution control commission
(requirements for operating permits), are authorized.
§64-3-2. Division of banking.
(a) The legislative rules filed in the state register on the
eleventh day of June, one thousand nine hundred eighty-two,
relating to commissioner of banking (communication terminals and
interchange systems), are authorized.
(b) The legislative rules filed in the state register on the
fifteenth day of December, one thousand nine hundred eighty-
three, relating to the commissioner of banking (consumer credit
sales), are authorized.
(c) The legislative rules filed in the state register on the
nineteenth day of August, one thousand nine hundred eighty-three,
relating to the commissioner of banking (legal lending limit),
are authorized.
(d) The legislative rules filed in the state register on the
seventh day of November, one thousand nine hundred eighty-six,
modified by the commissioner of banking to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the eleventh day of December, one thousand nine
hundred eighty-six, relating to the commissioner of banking
(implementing the West Virginia community reinvestment act), are
authorized.
(e) The legislative rules filed in the state register on the
twenty-fifth day of October, one thousand nine hundred eighty-
eight, modified by the commissioner of banking to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the seventh day of December, one
thousand nine hundred eighty-eight, relating to the commissioner
of banking (subsidiary bank holding the stock of its parent
company as collateral), are authorized.
(f) The legislative rules filed in the state register on the
twelfth day of August, one thousand nine hundred ninety-one,
modified by the division of banking to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the fifteenth day of November, one thousand nine
hundred ninety-one, relating to the division of banking (West
Virginia consumer credit and protection act), are authorized.
(g) The legislative rules filed in the state register on the
ninth day of August, one thousand nine hundred ninety-one,
modified by the division of banking to meet the objections of the
legislative rule-making review committee and refiled in the stateregister on the fifteenth day of November, one thousand nine
hundred ninety-one, relating to the division of banking (lease
financing transactions), are authorized.
(h) The legislative rules filed in the state register on the
ninth day of August, one thousand nine hundred ninety-one,
modified by the division of banking to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the fifteenth day of November, one thousand nine
hundred ninety-one, relating to the division of banking
(operation of state-chartered financial institutions in West
Virginia), are authorized.
(i) The legislative rules filed in the state register on the
twelfth day of August, one thousand nine hundred ninety-one,
modified by the division of banking to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the fifteenth day of November, one thousand nine
hundred ninety-one, relating to the division of banking (West
Virginia industrial bank and industrial loan company act), are
authorized.
(j) The legislative rules filed in the state register on the
twelfth day of August, one thousand nine hundred ninety-one,
modified by the division of banking to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the fifteenth day of November, one thousand nine
hundred ninety-one, relating to the division of banking (West
Virginia consumer credit and protection act and the money and
interest article of chapter forty-seven), are authorized.
(k) The legislative rules filed in the state register on the
ninth day of August, one thousand nine hundred ninety-one,
modified by the division of banking to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the fifteenth day of November, one thousand nine
hundred ninety-one, relating to the division of banking
(permissible additional charges in connection with a consumer
credit sale), are authorized.
(l) The legislative rules filed in the state register on the
twenty-sixth day of June, one thousand nine hundred ninety-two,
modified by the division of banking to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the seventeenth day of August, one thousand nine
hundred ninety-two, relating to the division of banking (general
rules implementing the West Virginia community reinvestment act),
are authorized.
(m) The legislative rules filed in the state register on the
sixteenth day of August, one thousand nine hundred ninety-three,
modified by the division of banking to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the twenty-first day of October, one thousand nine
hundred ninety-three, relating to the division of banking
(acquisition of property by financial institutions and valuation
of real estate owned by state-chartered banks), are authorized.
(n) The legislative rules filed in the state register on the
sixteenth day of August, one thousand nine hundred ninety-three,
modified by the division of banking to meet the objections of thelegislative rule-making review committee and refiled in the state
register on the seventeenth day of November, one thousand nine
hundred ninety-three, relating to the division of banking (notice
and treatment of joint accounts), are authorized.
§64-3-7. Division of labor.
(a) The legislative rules filed in the state register on the
tenth day of May, one thousand nine hundred eighty-two, relating
to the commissioner of labor (steam boiler rules) as modified by
the legislative rule-making review committee are authorized.
(b) The legislative rules filed in the state register on the
seventh day of December, one thousand nine hundred eighty-three,
relating to the department of labor (hazardous chemical
substances), are authorized.
(c) The legislative rules filed in the state register on the
second day of February, one thousand nine hundred eighty-four,
relating to the department of labor (polygraph examinations), are
authorized.
(d) The legislative rules filed in the state register on the
twenty-second day of December, one thousand nine hundred eighty-
seven, relating to the commissioner of labor (West Virginia
occupational safety and health act), are authorized.
(e) The legislative rules filed in the state register on the
twenty-second day of December, one thousand nine hundred eighty-
seven, modified by the commissioner of labor to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twentieth day of January,
one thousand nine hundred eighty-eight, relating to thecommissioner of labor (wage payment and collection act), are
authorized.
(f) The legislative rules filed in the state register on the
sixteenth day of November, one thousand nine hundred eighty-
seven, relating to the commissioner of the department of labor
(standards for weights and measures inspectors--adoption of NBS
Handbook 130, 1987), are authorized.
(g) The legislative rules filed in the state register on the
twelfth day of January, one thousand nine hundred eighty-eight,
relating to the commissioner of labor (steam boiler inspection
fee schedule), are authorized.
(h) The legislative rules filed in the state register on the
thirteenth day of September, one thousand nine hundred eighty-
eight, modified by the department of labor to meet the objections
of the legislative rule-making review committee and refiled in
the state register on the seventh day of December, one thousand
nine hundred eighty-eight, relating to the department of labor
(amusement rides and amusement attractions safety act), are
authorized.
(i) The legislative rules filed in the state register on the
sixteenth day of June, one thousand nine hundred eighty-nine,
modified by the department of labor to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the first day of August, one thousand nine hundred
eighty-nine, relating to the department of labor (wage payment
and collection act), are authorized.
(j) The legislative rules filed in the state register on theeleventh day of August, one thousand nine hundred ninety-three,
modified by the division of labor to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the eighth day of October, one thousand nine hundred
ninety-three, relating to the division of labor (elevator safety
act), are authorized.
§64-3-8. Division of natural resources.
(a) The legislative rules filed in the state register on the
eighth day of December, one thousand nine hundred eighty-three,
relating to the department of natural resources (surface mining),
are authorized with the amendments set forth below:
Page 3-4, §3E.01 by adding after the word "engineer" the
words "or licensed land surveyor".
Page 3-5, §3E.02, subsection (a), by adding after the word
"mining" the words "or civil".
And,
Page 3-5, §3E.02, subsection (b), by adding after the first
sentence -- "Those persons who have been approved to date need
not make said demonstration."
(b) The legislative rules filed in the state register on the
twentieth day of January, one thousand nine hundred eighty-four,
relating to the department of natural resources (solid waste
management), are authorized with the amendments set forth below:
Page 9, section 4.04, line five, add the following
paragraph:
"Upon request of any applicant, the division shall meet with
the applicant for prefiling review of the application. Thedivision, with the cooperation of the solid waste authority,
shall assist the applicant in preparing a complete and proper
application which would not be rejected as incomplete."
And,
On page 15, section 6.03(c)(1) in the first full sentence,
after the word "cease", strike the remainder of the sentence and
insert in lieu thereof the words "within fifteen (15) days of
receipt of an order of suspension" and in the second sentence
strike the word "recommence" and insert the words "continue
beyond fifteen (15) days"; (c)(2) in the first full sentence,
after the word "cease" by striking out the remainder of the
sentence and insert in lieu thereof the words "immediately upon
receipt of an order of revocation."
(c) The legislative rules filed in the state register on the
twenty-sixth day of September, one thousand nine hundred eighty-
four, relating to the department of natural resources (public use
of state parks, forests, hunting and fishing areas), are
authorized.
(d) The legislative rules filed in the state register on the
seventh day of November, one thousand nine hundred eighty-four,
relating to the department of natural resources (surface mining
reclamation), are authorized.
(e) The legislative rules filed in the state register on the
seventh day of November, one thousand nine hundred eighty-four,
relating to the department of natural resources (coal refuse
disposal), are authorized.
(f) The legislative rules filed in the state register on theninth day of November, one thousand nine hundred eighty-four,
relating to the department of natural resources (transfer of the
state national pollutant discharge elimination system program),
are authorized with the amendment set forth below:
Page 10-5, by striking §10B.19 and inserting in lieu thereof
a new §10B.19, to read as follows: "'Effluent limitations
guidelines' means a regulation published by the Administrator
under Section 304(b) or Section 301(b)(1)(B) of the CWA to adopt
or revise effluent limitations or levels of effluent quality
attainable through the application of secondary or equivalent
treatment. For the coal industry these regulations are published
at 40 C.F.R. Parts 434 and 133. (See: Appendix G and H)."
(g) The legislative rules filed in the state register on the
twenty-eighth day of August, one thousand nine hundred eighty-
four, relating to the department of natural resources (small arms
hunting), are authorized.
(h) The legislative rules filed in the state register on the
sixth day of January, one thousand nine hundred eighty-four,
relating to the department of natural resources (hazardous waste
management), are authorized.
(i) The legislative rules filed in the state register on the
third day of December, one thousand nine hundred eighty-four,
modified by the department of natural resources to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the thirteenth day of February,
one thousand nine hundred eighty-five, relating to the department
of natural resources (hazardous waste management), areauthorized.
(j) The legislative rules filed in the state register on the
tenth day of October, one thousand nine hundred eighty-five,
relating to the department of natural resources (hazardous waste
management: Small quantity generators and waste minimization
certification), are authorized with the amendment set forth
below:
On page 1, §3.1.4b, delete the word "or" in the reference to
"paragraph (g) or (j)" and insert in lieu thereof the words "and,
if applicable".
(k) The legislative rules filed in the state register on the
ninth day of September, one thousand nine hundred eighty-five,
relating to the department of natural resources (WV/NPDES
regulations for the coal mining point source category and related
sewage facilities), are authorized.
(l) The legislative rules filed in the state register on the
eleventh day of December, one thousand nine hundred eighty-five,
modified by the department of natural resources to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twentieth day of February,
one thousand nine hundred eighty-six, relating to the department
of natural resources (hazardous waste management), are
authorized.
(m) The legislative rules filed in the state register on the
twenty-sixth day of September, one thousand nine hundred eighty-
six, modified by the department of natural resources to meet the
objections of the legislative rule-making review committee andrefiled in the state register on the ninth day of December, one
thousand nine hundred eighty-six, relating to the department of
natural resources (hazardous waste management regulations), are
authorized.
(n) The legislative rules filed in the state register on the
seventh day of August, one thousand nine hundred eighty-six,
relating to the director of the department of natural resources
(procedures for transporting and dealing in furbearing animals),
are authorized.
(o) The legislative rules filed in the state register on the
thirtieth day of December, one thousand nine hundred eighty-six,
relating to the department of natural resources (WV/NPDES program
for coal mines and preparation plants, and the refuse and waste
therefrom), are authorized with the amendments set forth below:
On page four, §1.9.1.a by inserting the words "five thousand
dollars or" after the words "'significant portion of income'
means".
And,
On page four, §1.9.1.a by inserting the words "whichever is
less," after the words "ten percent or more of gross personal
income for a calendar year."
(p) The legislative rules filed in the state register on the
fifth day of March, one thousand nine hundred eighty-six,
relating to the department of natural resources (hazardous waste
management), are authorized.
(q) The legislative rules filed in the state register on the
twelfth day of August, one thousand nine hundred eighty-seven,relating to the department of natural resources (WV/NPDES
regulations for coal mining facilities), are authorized.
(r) The legislative rules filed in the state register on the
tenth day of June, one thousand nine hundred eighty-seven,
relating to the director of the department of natural resources
(outfitters and guides), are authorized.
(s) The legislative rules filed in the state register on the
ninth day of January, one thousand nine hundred eighty-seven,
relating to the department of natural resources (hazardous waste
management regulations), are authorized.
(t) The legislative rules filed in the state register on the
fifth day of March, one thousand nine hundred eighty-seven,
relating to the department of natural resources (hazardous waste
management regulations, series 35), are authorized.
(u) The legislative rules filed in the state register on the
seventh day of December, one thousand nine hundred eighty-seven,
relating to the department of natural resources (hazardous waste
management regulations, series 35), are authorized.
(v) The legislative rules filed in the state register on the
sixteenth day of December, one thousand nine hundred eighty-
seven, modified by the department of natural resources to meet
the objections of the legislative rule-making review committee
and refiled in the state register on the fourteenth day of
January, one thousand nine hundred eighty-eight, relating to the
department of natural resources (solid waste management), are
authorized.
(w) The legislative rules filed in the state register on thetwenty-eighth day of July, one thousand nine hundred eighty-
seven, modified by the director of the department of natural
resources to meet the objections of the legislative rule-making
review committee and refiled in the state register on the seventh
day of August, one thousand nine hundred eighty-seven, relating
to the director of the department of natural resources (boating
regulations), are authorized with the amendment set forth below:
On page 16, section 6.2, line 3 by inserting following the
period "This regulation does not apply to licensed outfitters and
guides." These rules were proposed by the director of the
department of natural resources pursuant to section seven,
article one and section twenty-two, article seven, chapter twenty
of this code.
(x) The legislative rules filed in the state register on the
second day of September, one thousand nine hundred eighty-eight,
modified by the department of natural resources to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the seventeenth day of October,
one thousand nine hundred eighty-eight, relating to the
department of natural resources (hazardous waste management), are
authorized.
(y) The legislative rules filed in the state register on the
thirty-first day of August, one thousand nine hundred eighty-
eight, relating to the director of the department of natural
resources (boating), are authorized.
(z) The legislative rules filed in the state register on the
eighth day of March, one thousand nine hundred eighty-eight,modified by the director of the department of natural resources
to meet the objections of the legislative rule-making review
committee and refiled in the state register on the thirtieth day
of August, one thousand nine hundred eighty-eight, relating to
the director of the department of natural resources (commercial
sale of wildlife), are authorized.
(aa) The legislative rules filed in the state register on
the twenty-seventh day of January, one thousand nine hundred
eighty-eight, relating to the director of the department of
natural resources (catching and selling bait fish), are
authorized.
(bb) The legislative rules filed in the state register on
the twenty-fifth day of March, one thousand nine hundred eighty-
eight, relating to the director of the department of natural
resources (West Virginia public hunting and fishing areas), are
authorized with the following amendment:
On page three, section 3.8.4, by inserting after the word
"vehicle" the following: ", all terrain vehicle (ATV)."
(cc) The legislative rules filed in the state register on
the seventeenth day of March, one thousand nine hundred
eighty-nine, modified by the division of natural resources to
meet the objections of the legislative rule-making review
committee and refiled in the state register on the sixteenth day
of January, one thousand nine hundred ninety, relating to the
division of natural resources (solid waste management), are
authorized with the amendments set forth below:
On page 13, Section 3.2.6, by deleting the current languageand inserting in lieu thereof the following:
"3.2.6. Within two hundred (200) feet of faults that have
had displacement in Holocene time (i.e., during the last eleven
thousand years);"
On page 64, Section 3.14.25, by deleting the current
language and inserting in lieu thereof the following language:
"3.14.25. Environmental Compliance History. The chief or
the director may refuse to grant any permit if he has reasonable
cause to believe, as indicated by documented evidence, that the
applicant, or any officer, director or manager, thereof, or
shareholder owning twenty percent (20%) or more of its capital
stock, beneficial or otherwise, or other person conducting or
managing the affairs of the applicant or of the proposed
permitted premises, in whole or part, has exhibited a pattern of
violation of the environmental statutes or regulations of this
State, any other state, or the federal government."
On page 104, section 4.5.4.a, by inserting after the words
"at that landfill" the following:
"Nothing within these regulations shall be construed to
allow the installations of any liner or system on areas not lined
as of November 30, 1989, that is not in conformance with section
4.5.4.a.E or 4.5.4.a.G of these regulations. Landfills that do
have an article 5f permit and a liner installed as of November
30, 1989, may install a liner as approved by the chief."
And,
On pages 147 through 151, sections 4.11.5 and 4.11.6, by
deleting the current language and inserting in lieu thereof thefollowing:
"4.11.5. Corrective Action Program.
Whenever a statistically significant increase is found in a
Phase II or Phase III monitoring parameter, or when groundwater
contamination is otherwise identified by the Chief at sites
without monitoring programs, which is determined by the Chief to
have resulted in a significant adverse effect on an aquifer, and
which is attributable to a solid waste facility, the Chief may
require appropriate corrective or remedial action pursuant to W.
Va. Code Chapter 20, article 5A, and Chapter 20, article 5F to
abate, remediate or correct such pollution. Any such corrective
or remedial action order shall take into account any applicable
groundwater quality protection standards, the existing use of
such waters, the reasonable uses of such waters, background water
quality, and the protection of human health and the environment."
(dd) The legislative rules filed in the state register on
the seventeenth day of February, one thousand nine hundred
eighty-nine, relating to the director of the department of
natural resources (underground storage tanks), are authorized.
(ee) The legislative rules filed in the state register on
the twenty-seventh day of January, one thousand nine hundred
eighty-nine, relating to the director of the department of
natural resources (transporting and selling wildlife pelts), are
authorized.
(ff) The legislative rules filed in the state register on
the seventeenth day of February, one thousand nine hundred
eighty-nine, modified by the director of the department ofnatural resources to meet the objections of the legislative rule-
making review committee and refiled in the state register on the
ninth day of August, one thousand nine hundred eighty-nine,
relating to the director of the department of natural resources
(underground storage tank fee assessments), are authorized.
(gg) The legislative rules filed in the state register on
the twenty-fourth day of April, one thousand nine hundred eighty-
nine, modified by the director of the department of natural
resources to meet the objections of the legislative rule-making
review committee and refiled in the state register on the
twenty-second day of May, one thousand nine hundred eighty-nine,
relating to the director of the department of natural resources
(public hunting and fishing areas), are authorized.
(hh) The legislative rules filed in the state register on
the first day of December, one thousand nine hundred eighty-nine,
relating to the department of natural resources (water pollution
control permit fee schedules), are authorized with the amendments
set forth below:
On page five, section 3.3, by deleting the following:
"Submitted fees are not refundable."
On page two, after section 2.6, by inserting the following:
"Customer" means any person that purchases waste disposal
services from a facility permitted under article five-a, chapter
twenty of the code of West Virginia, one thousand nine hundred
thirty-one, as amended. For the purposes of these regulations,
commercial and other non-single family dwelling customers shall
be translated into customer equivalents by dividing the totaldaily estimated volume of waste water by three hundred and fifty
gallons per day." and renumbering the remaining subsections.
On page nine, section 7.2, by striking out the words "seven
hundred fifty dollars ($750)." and inserting in lieu thereof the
following:
"determined using Table D, but in no case shall be less than
two hundred fifty dollars ($250)."
And,
On page thirteen, by striking out all of Table D, Schedule
of Annual Permit Fees, and inserting in lieu thereof a new Table
D, designated "Schedule of Annual Permit Fees", to read as
follows:
"TABLE D
SCHEDULE OF ANNUAL PERMIT FEES
SEWAGE FACILITIES
Number of CustomersAnnual Permit Fee
less than 1000$ 250
1000 to 1499$ 500
1500 to 1999$ 750
2000 to 2499$ 1000
2500 to 2999$ 1250
3000 to 3499$ 1500
3500 to 3999$ 1750
4000 to 4499$ 2000
4500 to 4999$ 2250
greater than 5000$ 2500
INDUSTRIAL OR OTHER WASTE FACILITIES
Average Discharge VolumeAnnual Permit Fee
(gallons per day)
less than 1,000$ 50
1,001 to 10,000$ 500
10,001 to 50,000$ 1000
greater than 50,000$ 2500"
(ii) The legislative rules filed in the state register on
the twenty-fifth day of July, one thousand nine hundred
eighty-nine, modified by the director of the department of
natural resources to meet the objections of the legislative
rule-making review committee and refiled in the state register on
the fifteenth day of September, one thousand nine hundred
eighty-nine, relating to the director of the department of
natural resources (revocation of hunting and fishing licenses),
are authorized.
(jj) The legislative rules filed in the state register on
the twentieth day of December, one thousand nine hundred
eighty-nine, modified by the division of natural resources to
meet the objections of the legislative rule-making review
committee and refiled in the state register on the twenty-fourth
day of January, one thousand nine hundred ninety, relating to the
division of natural resources (state water pollution control
revolving fund program), are authorized.
(kk) The legislative rules filed in the state register on
the twenty-ninth day of March, one thousand nine hundred ninety,
modified by the division of natural resources to meet the
objections of the legislative rule-making review committee andrefiled in the state register on the thirtieth day of August, one
thousand nine hundred ninety, relating to the division of natural
resources (assessment of civil administrative penalties), are
authorized.
(ll) The legislative rules filed in the state register on
the sixth day of August, one thousand nine hundred ninety,
relating to the division of natural resources (water pollution
control permit fee schedules), are authorized.
(mm) The legislative rules filed in the state register on
the fifteenth day of June, one thousand nine hundred ninety,
modified by the division of natural resources to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-second day of August,
one thousand nine hundred ninety, relating to the division of
natural resources (underground storage tank insurance trust
fund), are authorized with the amendment set forth below:
On page four, after subsection 5.1, by inserting a new
subdivision 5.1.1 to read as follows:
"5.1.1 The fee shall be one hundred dollars per tank per
year ($100/tank/year) for a period of not less than one (1) year
and not more than three (3) years. Second and third year
capitalization fees may be levied if there is an inadequate
surplus of funds, as determined by the Board of Risk and
Insurance Management, the Division of Natural Resources and the
Underground Storage Tank Advisory Committee pursuant to W. Va.
Code, §20-5H-7."
(nn) The legislative rules filed in the state register onthe thirteenth day of August, one thousand nine hundred ninety,
modified by the division of natural resources to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the second day of October, one
thousand nine hundred ninety, relating to the division of natural
resources (underground storage tanks), are authorized with the
amendment set forth below:
On page four, section five, subsection 5.1, after the word
"requirements" by striking out the remainder of the subsection
and inserting in lieu thereof, the following:
"of Title 47, Series 37 (Underground Storage Tank Fee
Assessments); Title 47, Series 36, Section 4 (Notification
Requirements); and Title 47, Series 37A, Section 5
(Capitalization Fees) of the Code of State Regulations and the
owner or operator presents proof of the certification to the
carrier."
(oo) The legislative rules filed in the state register on
the thirteenth day of August, one thousand nine hundred ninety,
relating to the division of natural resources (dam safety), are
authorized.
(pp) The legislative rules filed in the state register on
the thirteenth day of August, one thousand nine hundred ninety,
modified by the division of natural resources to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-eighth day of
November, one thousand nine hundred ninety, relating to the
division of natural resources (hazardous waste management), areauthorized.
(qq) The legislative rules filed in the state register on
the first day of July, one thousand nine hundred ninety-one,
modified by the division of natural resources to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the nineteenth day of September,
one thousand nine hundred ninety-one, relating to the division of
natural resources (special motorboating regulations), are
authorized.
(rr) The legislative rules filed in the state register on
the first day of May, one thousand nine hundred ninety-one,
modified by the division of natural resources to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-second day of July,
one thousand nine hundred ninety-one, relating to the division of
natural resources (special fishing regulations), are authorized
with the amendment set forth below:
On page one, by striking out subsection 2.1 and inserting in
lieu thereof, a new subsection 2.1, to read as follows:
"2.1 "Daylight hours" means the time period between sixty
minutes before sunrise and sixty minutes after sunset."
(ss) The legislative rules filed in the state register on
the first day of July, one thousand nine hundred ninety-one,
modified by the division of natural resources to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-first day of
November, one thousand nine hundred ninety-one, relating to thedivision of natural resources (boating regulations), are
authorized.
(tt) The Legislature hereby authorizes and directs the
division of natural resources to promulgate the legislative rule
relating to water pollution control permit fee schedules, 47 CSR
26, effective the twenty-second day of April, one thousand nine
hundred ninety-one, with the amendment set forth below:
On page eight, subdivision 7.4.1, at the end of the
subdivision by striking the period and adding the following:
":
Provided,
That if the chief determines that a facility
is in substantial compliance with its existing permit, the fee is
one thousand two hundred fifty dollars ($1,250.00)."
(uu) The Legislature hereby authorizes and directs the
division of natural resources to amend its rules relating to
water pollution control permit fee schedules which were filed in
the code of state regulations (47 CSR 26) on the thirteenth day
of April, one thousand nine hundred ninety-two, with the
amendments set forth below:
On page nine, after section 7.5, by inserting the following:
"7.6. Facilities Discharging Stormwater. The annual permit
fee for a facility that discharges stormwater only shall be
determined through the use of Table F of these regulations.
7.7. Aquaculture facilities. The annual permit fees for
aquaculture facilities that are subject to the provisions of the
water pollution control regulations shall be determined by Table
G of these regulations."
And after Table E, on page ten, by inserting Table F,designated "Schedule of Annual Permit Fees For Facilities
Discharging Stormwater," and inserting Table G, designated
"Schedule of Annual Permit Fees For Aquaculture Facilities" to
read as follows:
"TABLE F
SCHEDULE OF ANNUAL PERMIT FEES FOR
FACILITIES DISCHARGING
STORMWATER
Average Discharge Volume
(gallons per day)Annual Permit Fee
less than 5,001$ 50
5,001 to 15,000$ 125
15,001 to 50,000$ 250
50,001 to 100,000$ 500
greater than 100,000$ 750"
And,
"TABLE G
SCHEDULE OF ANNUAL PERMIT FEES FOR
AQUACULTURE FACILITIES
#Feed/Month Annual FeeApplication Fee
(Initial and Reissuance)
5,000 to 9,999$ 250$ 250
10,000 to 14,999$ 500$ 250
15,000 to 19,999$ 750$ 250
20,000 to 24,999$ 1,000$ 250
25,000 to 29,999$ 1,250$ 250
greater than 30,000$ 1,750$ 250"
(vv) The legislative rules filed in the state register on
the seventeenth day of September, one thousand nine hundred
ninety-two, modified by the division of natural resources to
meet the objections of the legislative rule-making review
committee and refiled in the state register on the sixteenth day
of December, one thousand nine hundred ninety-two, relating to
the division of natural resources (commercial sale of wildlife),
are authorized.
(ww) The legislative rules filed in the state register on
the ninth day of September, one thousand nine hundred ninety-two,
modified by the division of natural resources to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the seventh day of December, one
thousand nine hundred ninety-two, relating to the division of
natural resources (deer hunting), are authorized.
(xx) The legislative rules filed in the state register on
the ninth day of September, one thousand nine hundred ninety-two,
modified by the division of natural resources to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the seventh day of December, one
thousand nine hundred ninety-two, relating to the division of
natural resources (defining the terms to be used concerning all
hunting and trapping regulations), are authorized.
(yy) The legislative rules filed in the state register on
the ninth day of September, one thousand nine hundred ninety-two,
modified by the division of natural resources to meet theobjections of the legislative rule-making review committee and
refiled in the state register on the seventh day of December, one
thousand nine hundred ninety-two, relating to the division of
natural resources (dog training), are authorized.
(zz) The legislative rules filed in the state register on
the ninth day of September, one thousand nine hundred ninety-two,
modified by the division of natural resources to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the seventh day of December, one
thousand nine hundred ninety-two, relating to the division of
natural resources (general hunting regulations), are authorized.
(aaa) The legislative rules filed in the state register on
the ninth day of September, one thousand nine hundred ninety-two,
modified by the division of natural resources to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the seventh day of December, one
thousand nine hundred ninety-two, relating to the division of
natural resources (general trapping regulations), are authorized.
(bbb) The legislative rules filed in the state register on
the ninth day of September, one thousand nine hundred ninety-two,
modified by the division of natural resources to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the seventh day of December, one
thousand nine hundred ninety-two, relating to the division of
natural resources (special migratory bird hunting regulations),
are authorized.
(ccc) The legislative rules filed in the state register onthe ninth day of September, one thousand nine hundred ninety-two,
modified by the division of natural resources to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the seventh day of December, one
thousand nine hundred ninety-two, relating to the division of
natural resources (prohibitions when hunting and trapping), are
authorized with the amendment set forth below:
On page two, subsection 3.9., by striking out the words 'No
person may use portable tree stands on public lands' and
inserting in lieu thereof the words 'No person may use tree
stands, except for portable tree stands, on public lands.'"
(ddd) The legislative rules filed in the state register on
the twenty-first day of April, one thousand nine hundred ninety-
two, modified by the division of natural resources to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the sixteenth day of December,
one thousand nine hundred ninety-two, relating to the division of
natural resources (revocation of hunting and fishing licenses),
are authorized with the amendments set forth below:
"On page two, subsection 4.1., by striking out the word
'court' and inserting in lieu thereof the word 'commission'";
And,
"On page two, subdivision 4.1.1, by striking out the word
'court' and inserting in lieu thereof the word 'commission'."
(eee) The legislative rules filed in the state register on
the ninth day of September, one thousand nine hundred ninety-two,
modified by the division of natural resources to meet theobjections of the legislative rule-making review committee and
refiled in the state register on the seventh day of December, one
thousand nine hundred ninety-two, relating to the division of
natural resources (special bear hunting regulations), are
authorized.
(fff) The legislative rules filed in the state register on
the seventeenth day of September, one thousand nine hundred
ninety-two, modified by the division of natural resources to meet
the objections of the legislative rule-making review committee
and refiled in the state register on the sixteenth day of
December, one thousand nine hundred ninety-two, relating to the
division of natural resources (special requirements concerning
boating), are authorized with the amendment set forth below:
On page one, after subdivision 3.1, by inserting a new
subdivision, designated 3.2, to read as follows:
3.2. The Pipestem Creek Cove portion of Bluestone Lake in
Bluestone State Park is designated for marina use only and is
restricted from fishing and other recreational use not directly
related to use as a marina.
(ggg) The legislative rules filed in the state register on
the ninth day of September, one thousand nine hundred ninety-two,
modified by the division of natural resources to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the seventh day of December, one
thousand nine hundred ninety-two, relating to the division of
natural resources (special waterfowl hunting regulations), are
authorized.
(hhh) The legislative rules filed in the state register on
the ninth day of September, one thousand nine hundred ninety-two,
modified by the division of natural resources to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the seventh day of December, one
thousand nine hundred ninety-two, relating to the division of
natural resources (wild boar hunting), are authorized.
(iii) The legislative rules filed in the state register on
the ninth day of September, one thousand nine hundred ninety-two,
modified by the division of natural resources to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the seventh day of December, one
thousand nine hundred ninety-two, relating to the division of
natural resources (wild turkey hunting), are authorized.
(jjj) The legislative rules filed in the state register on
the tenth day of September, one thousand nine hundred ninety-two,
modified by the division of natural resources to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the eighth day of December, one
thousand nine hundred ninety-two, relating to the division of
natural resources (West Virginia wildlife management areas), are
authorized.
(kkk) The legislative rules filed in the state register on
the seventeenth day of September, one thousand nine hundred
ninety-two, modified by the division of natural resources to meet
the objections of the legislative rule-making review committee
and refiled in the state register on the twenty-fifth day ofJanuary, one thousand nine hundred ninety-three, relating to the
division of natural resources (recycling assistance fund grant
program), are authorized.
(lll) The legislative rules filed in the state register on
the seventeenth day of August, one thousand nine hundred
ninety-three, relating to the division of natural resources
(prohibitions when hunting and trapping), are authorized with the
amendment set forth below:
On page two, by striking out section 3.12 in its entirety.
(mmm) The legislative rules filed in the state register on
the seventeenth day of August, one thousand nine hundred
ninety-three, modified by the division of natural resources to
meet the objections of the legislative rule-making review
committee and refiled in the state register on the ninth day of
November, one thousand nine hundred ninety-three, relating to the
division of natural resources (special fishing), are authorized
with the amendment set forth below:
On page 4, after 4.1.4 by adding two new subsections to read
as follows:
"4.1.5. Raleigh County Airport--A .5 acre pond at the
entrance to Raleigh County Airport.
4.1.6. Woodbine Area of Cranberry River--A 300 yard long
section of Cranberry River at the Woodbine Recreation Area in
Nicholas County.".
(nnn) The legislative rules filed in the state register on
the twenty-fourth day of January, one thousand nine hundred
ninety-four, relating to the division of natural resources(commercial whitewater commission), are authorized with the
amendments set forth below:
On page six, subsections 6.1 and 6.2, by striking out the
word "unduly" and inserting in lieu thereof the word
"unreasonably";
And,
On page seven, subsection 7.2, by striking out the word
"unduly" and inserting in lieu thereof the word "unreasonably".
§64-3-17. Division of environmental protection.
(a) The legislative rules filed in the state register on the
eleventh day of October, one thousand nine hundred ninety-one,
modified by the division of environmental protection to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the ninth day of November, one
thousand nine hundred ninety-two, relating to the division of
environmental protection (operator's designation of bona fide
future use of oil and gas wells - qualification for inactive
status), are authorized.
(b) The legislative rules filed in the state register on the
third day of September, one thousand nine hundred ninety-two,
modified by the division of environmental protection to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the nineteenth day of February,
one thousand nine hundred ninety-three, relating to the division
of environmental protection (oil and gas wells and other wells),
are authorized.
(c) The legislative rules filed in the state register on thethird day of September, one thousand nine hundred ninety-two,
modified by the division of environmental protection to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the nineteenth day of February,
one thousand nine hundred ninety-three, relating to the division
of environmental protection (abandoned wells), are authorized.
(d) The legislative rules filed in the state register on the
eighteenth day of September, one thousand nine hundred ninety-
two, modified by the division of environmental protection to meet
the objections of the legislative rule-making review committee
and refiled in the state register on the nineteenth day of
February, one thousand nine hundred ninety-three, relating to the
division of environmental protection (underground storage tank
assessment fees), are authorized.
(e) The legislative rules filed in the state register on the
eighteenth day of September, one thousand nine hundred ninety-
two, relating to the division of environmental protection
(underground storage tanks), are authorized.
(f) The legislative rules filed in the state register on the
eighteenth day of September, one thousand nine hundred ninety-
two, modified by the division of environmental protection to meet
the objections of the legislative rule-making review committee
and refiled in the state register on the nineteenth day of
February, one thousand nine hundred ninety-three, relating to the
division of environmental protection (hazardous waste
management), are authorized.
(g) The legislative rules filed in the state register on thethird day of March, one thousand nine hundred ninety-two,
modified by the division of environmental protection to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the eighteenth day of February,
one thousand nine hundred ninety-three, relating to the division
of environmental protection (groundwater protection act fee
schedule), are authorized.
(h) The legislative rules filed in the state register on the
twenty-third day of April, one thousand nine hundred
ninety-three, modified by the division of environmental
protection to meet the objections of the legislative rule-making
review committee and refiled in the state register on the
twenty-seventh day of October, one thousand nine hundred
ninety-three, relating to the division of environmental
protection (solid waste landfill closure assistance program), are
authorized.
(i) The legislative rules filed in the state register on the
twenty-eighth day of January, one thousand nine hundred
ninety-three, modified by the division of environmental
protection to meet the objections of the legislative rule-making
review committee and refiled in the state register on the sixth
day of October, one thousand nine hundred ninety-three, relating
to the division of environmental protection (monitoring wells),
are authorized with the amendment set forth below:
On page 2, by striking out subsection 4.1 in its entirety
and inserting in lieu thereof a new subsection 4.1 as follows:
"4.1 There shall be a certified monitoring well driller onsite in direct charge of actively drilling, constructing,
altering, testing or abandoning any monitoring well."
(j) The legislative rules filed in the state register on the
twenty-eighth day of January, one thousand nine hundred
ninety-three, modified by the division of environmental
protection to meet the objections of the legislative rule-making
review committee and refiled in the state register on the
twentieth day of January, one thousand nine hundred ninety-four,
relating to the division of environmental protection (groundwater
protection), are authorized.
(k) The legislative rules filed in the state register on the
eighth day of February, one thousand nine hundred ninety-three,
relating to the division of environmental protection (groundwater
protection, coal mining operations), are authorized with the
amendments set forth below:
On page 3, following section 2.11, by adding a new section
to read as follows:
"2.12 Exempted coal mining operations means those
operations subject to the exemption set forth in West Virginia
Code, §20-5M-5(h), and which are of an earth disturbing nature
resulting from and directly related to coal extraction. Exempted
coal mining operations include: coal and slurry impoundments;
refuse areas and on-site haulways.";
On page 3, section 3.1, by striking out the following: "In
cases where such statute or legislative rules are more
restrictive or in conflict with the Act or these legislative
rules, the statute or rule most protective of groundwaterapplies.";
On page 3, by striking out all of section 3.2 and
renumbering the remaining sections;
On page 3, Section 3.3, by striking out all of Section 3.3,
and inserting in lieu thereof the following: "All coal mining
operations which are not subject to the exemption set forth in
subsection (h), Section 5 of the Act, shall conduct groundwater
protection practices, and prepare and implement groundwater
protection plans, as set forth in this regulation. All exempted
coal mining operations must conduct groundwater protection
practices consistent with West Virginia Code, §20-5A-1 et seq,
and West Virginia Code, §22A-3-1 et seq. Exempted operations are
not subject to the existing quality or to the related provisions
of subsections (f) and (g), Section 5, of the Act. Further,
exempted operations are not subject to water quality standards
promulgated by the Water Resources Board pursuant to the Act.
Such operations shall nonetheless be designed, constructed,
operated, maintained, and closed in such manner as to reasonably
protect groundwater from contamination.
On page 4, Section 3.4.1.a. by striking out all of Section
3.4.1.a. and inserting in lieu thereof the following: "An
inventory of all operations and activities that are not exempted
operations and may reasonably be expected to contaminate
groundwater, and an indication of the current existence of and
the potential for groundwater contamination. These include, but
are not limited to, evaluation of materials handling areas,
loading and unloading areas, equipment cleaning, maintenanceactivities, pipelines carrying contaminants, sumps and tanks
containing contaminants."
On page 4, Section 3.4.2 after the word "all" by adding the
words "existing non-exempt";
On page 5, by striking out all of section 3.4.2.a.;
On page 5, by striking out all of section 3.5 and
renumbering the remaining sections;
On page 6, by striking out all of section 3.5.1;
On page 6, by striking out all of section 3.5.2;
On page 6, Section 3.6, after the word "for" by inserting
the words "non-coal";
On pages 6 and 7, by striking out all of Section 3.7 and
renumbering the remaining sections;
On page 11, Section 8.1, by inserting before the words "The
Director may" the words "For all non-exempt coal mining
operations";
On page 11, by striking out all of Section 8.6;
On page 12, by striking out all of Section 9.2.;
And,
On page 12, following Section 9.2, by inserting a new
section as follows:
"10. Appropriateness Study.
The Environmental Protection Advisory Council shall conduct
a study and report back to the Joint Committee on Government and
Finance on or before November 1, 1995. The study shall be an
evaluation of the appropriateness and effectiveness of these
rules and shall include any recommendations, modifications oralternatives thereto."
(m) The legislative rules filed in the state register on the
eighth day of July, one thousand nine hundred ninety-three,
modified by the division of environmental protection to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-first day of January,
one thousand nine hundred ninety-four, relating to the division
of environmental protection (sewage sludge management), are
authorized with the amendments set forth below:
On pages 7 and 8, by striking out sections 3.2.2 and 3.2.2a
in their entirety and inserting in lieu thereof new sections
3.2.2 and 3.2.2a as follows:
"3.2.2. No person or entity shall be allowed to apply sewage
sludge to land in a manner that will result in exceeding the
maximum soil concentration for arsenic, cadmium, chromium,
copper, lead, mercury, molybdenum, nickel, selinium and zinc, as
listed in Table 3 of this rule and the soil testing requirements
of this rule.
3.2.2a. The director shall assign an individual and
lifetime loading rate for each land application site by
considering background soil concentrations and maximum allowable
pollutant concentrations as per Table 1 and per Table 3 of this
rule, except as provided for in 3.2.2.b.
3.2.2.b. If circumstances at sewage sludge processing
facilities result in short term excursions of Table 1 criteria,
the director may develop temporary loading rates, for a period
not to exceed six months, based on the provisional limitations ofTable 2 of this rule.";
On page 10, section 4.1.2 after the words "all permitted
facilities", by striking out the words "whose methods of
operations are not in compliance with this rule";
On page 19, section 6.4.1 by striking out "$10.00" and
inserting in lieu thereof "$5.00";
On page 19, by striking out Section 6.4.2. in its entirety
and by renumbering the remaining sections;
On page 19, in renumbered section 6.4.3., following the
words "Fees generated pursuant to", by striking out the words
"paragraphs 6.4.1 and 6.4.2" and insert in lieu thereof the words
"paragraph 6.4.1";
On page 19, in the renumbered section 6.4.3, by striking out
"$500,000" and inserting in lieu thereof "$200,000";
On page 21, Table 1, by striking out the title "POLLUTANT
CONCENTRATION OF METALS IN SEWAGE SLUDGE" and inserting in lieu
thereof the title "MAXIMUM CONCENTRATION OF METALS IN SEWAGE
SLUDGE FOR LAND APPLICATION";
And,
On page 21, Table 2, by striking out the title "MAXIMUM
CONCENTRATION OF METALS IN SEWAGE SLUDGE FOR LAND APPLICATION"
and inserting in lieu thereof the title "PROVISIONAL MAXIMUM
CONCENTRATION OF METALS IN SEWAGE SLUDGE FOR PRODUCERS NOT
MEETING TABLE 1 CRITERIA".
(n) The legislative rules filed in the state register on the
twelfth day of August, one thousand nine hundred ninety-three,
modified by the division of environmental protection to meet theobjections of the legislative rule-making review committee and
refiled in the state register on the nineteenth day of January,
one thousand nine hundred ninety-four, relating to the division
of environmental protection (groundwater protection act fee
schedule), are authorized.
(o) The legislative rules filed in the state register on the
twelfth day of August, one thousand nine hundred ninety-three,
modified by the division of environmental protection to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the nineteenth day of January,
one thousand nine hundred ninety-four, relating to the division
of environmental protection (underground injection control fee
schedule), are authorized.
(p) The legislative rules filed in the state register on the
twelfth day of August, one thousand nine hundred ninety-three,
modified by the division of environmental protection to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the fourteenth day of January,
one thousand nine hundred ninety-four, relating to the division
of environmental protection (underground storage tanks), are
authorized with the amendments set forth below:
On page 3, section 3.4.5.a, following the word "closure" by
inserting a period and the following: "The director can make
available to applicants alternative testing procedures;";
And,
On page 4, subsection 3.4.6, by striking out "$100" and
inserting in lieu thereof "$75", and by striking out "$50" andinserting in lieu thereof "$35".
(q) The legislative rules filed in the state register on the
sixteenth day of August, one thousand nine hundred ninety-three,
modified by the division of environmental protection to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-first day of January,
one thousand nine hundred ninety-four, relating to the division
of environmental protection (commercial hazardous waste
management facility siting fees), are authorized with the
amendment set forth below:
On page 2, section 3.1 by striking out the words "sixty
thousand dollars ($60,000)" and inserting in lieu thereof the
words "one hundred thousand dollars ($100,000)".
(r) The legislative rules filed in the state register on the
sixteenth day of August, one thousand nine hundred ninety-three,
relating to the division of environmental protection (hazardous
waste management), are authorized.
(s) The legislative rules filed in the state register on the
sixteenth day of August, one thousand nine hundred ninety-three,
modified by the division of environmental protection to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twentieth day of January,
one thousand nine hundred ninety-four, relating to the division
of environmental protection (dam safety), are authorized with the
amendment set forth below:
On page 19, by striking out the entirety of sections
7.1.1.b.A. and 7.1.1.b.B. and inserting in lieu thereof newsections 7.1.1.b.A and 7.1.1.b.B as follows:
"7.1.1.b.A. Class A Dams - Class A dams shall be designed
for a minimum P100 storm of six hours in duration.
7.1.1.b.B. Class B Dams - Class B dams shall be designed
for a minimum P100 storm to one-half probable maximum
precipitation storm of six hours duration. The magnitude of
storm must closely relate to the degree of anticipated damage
downstream based upon information supplied to the Director."
(t) The legislative rules filed in the state register on the
sixteenth day of August, one thousand nine hundred ninety-three,
modified by the division of environmental protection to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the nineteenth day of January,
one thousand nine hundred ninety-four, relating to the division
of environmental protection (groundwater quality standard
variances), are authorized.
(u) The legislative rules filed in the state register on the
sixteenth day of August, one thousand nine hundred ninety-three,
modified by the division of environmental protection to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-first day of January,
one thousand nine hundred ninety-four, relating to the division
of environmental protection (lead acid battery), are authorized
with the amendment set forth below:
On page 3, section 3.4, by striking out the word "five (5)"
and inserting in lieu thereof the word "three (3)".
(v) The legislative rules filed in the state register on thesixteenth day of August, one thousand nine hundred ninety-three,
modified by the division of environmental protection to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-first day of January,
one thousand nine hundred ninety-four, relating to the division
of environmental protection (yard waste composting), are
authorized with the following amendment:
On page 2, by striking out all of section 2.3 and inserting
in lieu thereof a new section 2.3 as follows:
"2.3. "Non-residential composting activities" means a
composting activity by persons such as landscape contractors,
nurseries or greenhouses, lawn and garden companies, solid waste
authorities and municipalities which are authorized to compost up
to twelve thousand (12,000) tons per year of yard waste materials
consisting of grass clippings, weeds, leaves, brush/shrub or tree
prunings and other acceptable compostable materials which have
been approved in writing by the chief to produce a safe product
for use as a soil amendment/soil conditioner."
(w) The legislative rules filed in the state register on the
twenty-eighth day of January, one thousand nine hundred ninety-
three, modified by the division of environmental protection to
meet the objections of the legislative rule-making review
committee and refiled in the state register on the sixth day of
October, one thousand nine hundred ninety-three, relating to the
division of environmental protection (assessment of civil
administrative penalties), are authorized.
§64-3-18. Office of miners' health, safety and training.
(a) The legislative rules filed in the state register on the
thirteenth day of November, one thousand nine hundred ninety-two,
modified by the director of the office of miners' health, safety
and training to meet the objections of the legislative rule-
making review committee and refiled in the state register on the
eighteenth day of February, one thousand nine hundred ninety-
three, relating to the director of the office of miners' health,
safety and training (rules and regulations governing the
standards for certification of blasters for surface coal mines
and surface areas of underground coal mines), are authorized.
(b) The legislative rules filed in the state register on the
twenty-seventh day of July, one thousand nine hundred
ninety-three, modified by the office of miners' health, safety
and training to meet the objections of the legislative
rule-making review committee and refiled in the state register on
the second day of November, one thousand nine hundred
ninety-three, relating to the office of miners' health, safety
and training (first-aid training of shaft and/or slope
employees), are authorized.