Senate Bill No. 244
(By Senators Ross, Anderson, Boley,
Buckalew, Grubb and Macnaughtan)
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[Introduced January 29, 1996; referred to the
Committee on Natural Resources;
and then to the Committee on the Judiciary.]
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A BILL to amend and reenact section two, article three,
chapter sixty-four of the code of West Virginia,
one thousand nine hundred thirty-one, as amended,
relating to authorizing the environmental quality
board to promulgate legislative rules relating to
requirements governing water quality standards.
Be it enacted by the Legislature of West Virginia:
That section two, 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 BUREAU OF ENVIRONMENT TO
PROMULGATE LEGISLATIVE RULES.
§64-3-2. Environmental boards.
(a) The legislative rules filed by the environmental
quality board in the state register on the fifteenth
thirty-first day of August July, one thousand nine
hundred ninety-four ninety-five, under the authority of
section four, article three, chapter twenty-two-b of this
code, modified by the environmental quality board to meet
the objections of the legislative rule-making review
committee and refiled in the state register on the
twelfth nineteenth day of January, one thousand nine
hundred ninety-five ninety-six, relating to the division
of environmental protection (requirements governing water
quality standards, 46 CSR 1), are authorized with the
following amendments:
On page one, section two, by deleting all of
subsection 2.1;
On page one by renumbering the following subsection:
On page two, after subsection 2.1, by adding a new
subsection 2.2 to read as follows:
"2.2. 'Cumulative' means a pollutant which increases in concentration in an organism by successive additions
at different times or in different ways";
And,
On page eight, section five, after the words "No
mixing zones for human health criteria shall be" by
striking out the remainder of subdivision c. and
inserting in lieu thereof the following:
"established on a stream which has a seven (7) day,
ten (10) year return frequency of 5 cfs or less."
(b) The legislative rules filed by the solid waste
management board in the state register on the fourth day
of August, one thousand nine hundred ninety-four, under
the authority of section six, article three, chapter
twenty-two-c of this code, relating to the solid waste
management board (regulating for the disbursement of
grants to solid waste authorities, 54 CSR 5), are
authorized.
NOTE: The purpose of this bill is to authorize the
Environmental Quality Board to promulgate legislative
rules relating to requirements governing water quality standards.
Strike-throughs indicate language that would be
stricken from the present law, and underscoring indicates
new language that would be added.