HOUSE CONCURRENT RESOLUTION NO. 15
(By Delegate Warner)
Requesting the Joint Committee on Government and Finance to
conduct a study on abandonment by rail common carriers of
service and rights-of-way containing possible contaminants.
Whereas, Rail common carriers have recently transferred,
abandoned and removed from service many miles of rights-of-way or
real property in the State of West Virginia; and
Whereas, This abandonment of rights-of-way has occurred
without known regard for any spraying, release, leak, discharge
or use of hazardous material and toxic materials which may have
occurred on the rail carriers rights-of-way; and
Whereas, It is unknown if hazardous material or toxic
substance present on the rail rights-of-way could have entered
the groundwater or surface water; and
Whereas, If hazardous materials or toxic substances are
present in groundwater or surface water the extent of impact on
aquatic, plant and animal life and the use of the property for
future industrial or recreational use is unknown; and
Whereas, Compliance with applicable laws and rules of the division of environmental protection on rail rights-of-way on
which service has been terminated or which has been transferred
can only be determined by further study and analysis; therefore,
be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to conduct a study on contamination on rail common
carriers abandoned rights-of-way and make recommendations to the
Legislature in the regular session 1998; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 1998,
on its findings, conclusions and recommendations, together with
drafts of any legislation necessary to effectuate its
recommendations; and, be it
Further Resolved, That expenses necessary to conduct this
study and to prepare and report necessary legislation be paid
from legislative appropriations to the Joint Committee on
Government and Finance.