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.