COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 175
(By Senator Grubb)
__________
(Originating in Committee on Finance; and then to the
Committee on the Judiciary.)
[reported February 23, 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 dam safety.
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 of
environmental protection (operator's designation of bona fidefuture 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
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 all of sections 7.1.1.b.A. and
7.1.1.b.B. and inserting in lieu thereof the following:
7.1.1.b.A. Class A Dams - Class A dams shall be designedfor 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.