ENROLLED
Senate Bill No. 1005
(By Senators Burdette, Mr. President, and Boley,
By Request of the Executive)
__________
[Passed March 16, 1994; in effect from passage.]
__________
AN ACT 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 ownedby 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 ofenvironmental protection to promulgate legislative rules
relating to groundwater protection 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 protection to promulgate legislative rules
relating to the assessment of civil administrative
penalties, as modified; authorizing the director of theoffice of miners' health, safety and training to
promulgate legislative rules relating to rules and
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 hundredeighty-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.";
And,
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's data 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 reviewcommittee 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 committeeand 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
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 (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 committeeand 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 control of 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 (preventionand 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 air pollution 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 outall 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 inlieu 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 hundredninety-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 on
the 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) are
authorized.
(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 tothe 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
state register 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 hundredninety-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 andrefiled 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 the legislative 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 the
commissioner 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 hundredeighty-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
the eleventh 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:
On page 3-4, §3E.01 by adding after the word "engineer"
the words "or licensed land surveyor.";
On page 3-5, §3E.02, subsection (a), by adding after the
word "mining" the words "or civil.";
And,
On 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:
On 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.
The division, 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) daysof 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
the ninth 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:
On 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 theAdministrator 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), are authorized.
(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 theamendment 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 and refiled 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 hundredeighty-six, relating to the director of the department of
natural resources (procedures for transporting and dealing in
fur-bearing 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
the twenty-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 legislativerule-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 legislativerule-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
language and 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, bydeleting the current language and inserting in lieu thereof the
following:
"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 onthe seventeenth day of February, 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 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 disposalservices 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 total daily 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
and refiled 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 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 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), are
authorized.
(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 sixtyminutes 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 the
division 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 ($1,250.00)."
(uu) The Legislature hereby authorizes and directs the
division of natural resources to amend its rules relating to
water pollution control permit fee schedules which were filed
in the code of state regulations (47 CSR 26) on the thirteenth
day of April, one thousand nine hundred ninety-two, with the
following amendments set forth below:
On page nine, after section 7.5, by inserting thefollowing:
"7.6. Facilities Discharging Stormwater. The annual
permit fee for a facility that discharges stormwater only shall
be determined through the use of Table F of these regulations.
7.7. Aquaculture facilities. The annual permit fees for
aquaculture facilities that are subject to the provisions of
the water pollution control regulations shall be determined by
Table G of these regulations.";
And after Table E, on page ten, by inserting Table F,
designated "Schedule of Annual Permit Fees For Facilities
Discharging Stormwater," and inserting Table G, designated
"Schedule of Annual Permit Fees For Aquaculture Facilities" to
read as follows:
"TABLE F
SCHEDULE OF ANNUAL PERMIT FEES FOR
FACILITIES DISCHARGING
STORMWATER
Average Discharge Volume
(gallons per day)Annual Permit Fee
less than 5,001$ 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/MonthAnnual 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 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 (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 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 (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 tomeet 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 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 (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 onthe 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 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 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, relatingto the division of natural resources (special requirements
concerning boating), are authorized with the following
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 hundredninety-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 of January, 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 sections 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
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 environmentalprotection (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
the third 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 ofFebruary, 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 on
site in direct charge of actively drilling, constructing,
altering, testing or abandoning any monitoring well."
(j) The legislative rules filed in the state register onthe 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 groundwater
applies.";
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, maintenance activities, 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 or alternatives thereto."
(m) The legislative rules filed in the state register onthe 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
of Table 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 the objections of the legislativerule-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" and
inserting 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 environmentalprotection (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 new
sections 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 hundredninety-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
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 (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 onthe 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, safetyand training (first-aid training of shaft and/or slope
employees), are authorized.