COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 168

(By Senator Grubb)

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(Originating in the Committee on Finance; and then to the

Committee on the Judiciary.)

[Reported February 22, 1994]

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A BILL to amend and reenact section seventeen, article three, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the division of environmental protection to promulgate legislative rules relating to groundwater protection, coal mining operations.

Be it enacted by the Legislature of West Virginia:

That section seventeen, article three, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted, to read as follows:
ARTICLE 3. AUTHORIZATION FOR DEPARTMENT OF COMMERCE, LABOR AND ENVIRONMENTAL RESOURCES TO PROMULGATE LEGISLATIVE RULES.

§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 ofenvironmental 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 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 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 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 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, 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 miningoperations include but are not limited to: 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 exemptedoperations 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;
And
On page 12, by striking out all of Section 9.2.