Senate Bill No. 523
(By Senators Grubb and Chafin)
[Introduced February 20, 1995;
referred to the Committee on Natural Resources.]
A BILL to amend chapter twenty-two of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, relating to
the regulation and control of dioxin and related toxic
substances by the division of environmental protection;
requiring that the division of environmental protection
establish a monitoring program designed to detect the extent
of dioxin and chlorinated organics contamination at certain
water sites; requiring a detailed engineering report from each
pulp mill, paper mill and wood treating facility discharging
or using technology designed to discharge residual dioxin and
related toxic substances.
Be it enacted by the Legislature of West Virginia:
That chapter twenty two of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by adding thereto a new article, designated eighteen-a, to read as follows:
CHAPTER 22. ENVIRONMENTAL RESOURCES
Article 18A. Dioxin and Chlorinated Organics Control Act
§22-18A-1. Short Title.
This article may be known and cited as the "Dioxin and
Chlorinated Organics Control Act".
§22-18A-2. Declaration of policy and purpose.
(a)The Legislature hereby declares and finds that exposure
to dioxin compounds and related chlorinated organics have been
found to cause cancer, genetic mutations, physiological
malfunctions, including malfunction in reproduction or physical
deformations, abnormalities, and even death in humans and other
organisms. The Legislature further finds that dioxin and related
chlorinated organics are often associated with the operation of
certain pulp mills, paper mills, and wood treating facilities.
Studies reveal that dioxin and related chlorinated organics are
present at ambient levels at or near the concentrations that cause
deleterious health effects in humans and other organisms.
(b)Therefore, it is hereby declared to be the public policy
of the state and in the public interest to minimize the exposure of
citizens of the state to dioxin and related toxic substances by
requiring that industries most likely to discharge such toxic substances use the most advanced technology available.
Unless the context clearly requires a different meaning, as
used in this article the terms:
(1)"Dioxin" means any polychlorinated dibenzo-para-dioxins,
and any polychlorinated dibenzo-para-furans;
(2)"Director" means the director of the division of
environmental protection or each other person to whom the director
has delegated authority or duties pursuant to sections six or eight
[§22-1-6 or §22-1-8], article one of this chapter; and
(3)"Division" means the division of environmental
§22-18A-4. Dioxin and Chlorinated Organics Monitoring Program.
(a)The director or his or her authorized representative,
employee or agent shall conduct a one-year monitoring program
commencing on the first day of May, one thousand nine hundred and
ninety five, in order to determine the nature and extent of dioxin
and related chlorinated organics contamination in the waters and
fisheries in the state as described in this section.
(b)The monitoring program shall be conducted in the
(1)A representative sample of wastewater treatment sludges from municipal wastewater treatment plants, bleached pulp mills,
and wood treatment facilities must be selected by the director or
his or her authorized representatives on the basis of known or
likely dioxin or chlorinated organics contamination of their
discharged effluent. The total number of facilities shall not
(2)The sludge discharged from these facilities shall be
sampled and tested for dioxin or chlorinated organics contamination
at least once during each season of the year. The director shall
specify which cogeners of dioxin will be analyzed; and
(3)A selection of fish representative of those specified as
present in the receiving water shall be sampled and tested for
dioxin and chlorinated organics contamination. A sufficient number
of fish must be analyzed to provide a reasonable estimate of the
level of contamination in the population of each body of water
(c)The director shall coordinate the monitoring program
established under this section with other dioxin and chlorinated
organics monitoring programs conducted by the United States
Environmental Protection Agency or dischargers of wastewater. The
director shall seek to integrate the results of these other
programs, as relevant, into the reports required by this section.
(d)The director shall report by the first day of August, one
thousand nine hundred and ninety six, on the results of the
monitoring program to the joint standing committee of the
Legislature having jurisdiction over natural resources. The annual
report must contain the director's conclusions as to the levels of
dioxin and chlorinated organics contamination in the state's
(e)The director shall assess the selected facilities for the
cost of sample collection and analysis. Fees received under this
section shall be paid into the state treasury into a special fund
designated "The Hazardous Waste Management Fund" set forth in
section twenty-two [§22-18-22, article eighteen of this chapter.
§22-18A-5. Discharge of dioxin and chlorinated organics;
engineering reports by pulp mills, paper mills, and wood
treating facilities; permits limiting discharge.
(a)The director shall require each pulp mill, paper mill,
and wood treating facility discharging dioxin or related
chlorinated organic or that contemplates using technology that
creates residual dioxin or chlorinated organic compounds to conduct
and submit an engineering report on the cost of installing
technology designed to reduce the amount of dioxin or chlorinated organic compounds discharged or expected to be discharged into the
waters and land of the state.
(b)The director may not issue a permit establishing limits
to the discharge of dioxin or chlorinated organic compounds by a
pulp mill, paper mill, or wood treating facility under any of the
provisions of this chapter until he or she has made a determination
based upon clear and convincing evidence that each pulp and paper
mill and wood treating facility is using the most advanced
technology necessary to minimize the discharge or emission of
residual dioxin or chlorinated organic compounds. Provided, That
any pulp or paper mill that is utilizing or intends to utilize
technology that requires the application of elemental chlorine,
chlorine dioxide or sodium hypochlorite in the pulp and paper
bleaching process may not be issued a permit for the discharge of
dioxin or chlorinated organic compounds and shall not be allowed to
establish or construct a commercial or municipal facility within
NOTE: The purpose of this bill is to minimize the exposure of
citizens of the state to dioxin and related toxic substances by
establishing a monitoring program and requiring that certain
industries employ the most advanced technology available before
being issued a permit by the division of environmental protection.