COMMITTEE SUBSTITUTE
FOR
H. B. 2182
(By Delegate Staton)
(Originating in the Committee on the Judiciary)
[March 3, 1999]
A BILL to amend article one, chapter twenty-two of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by
adding thereto a new section, designated section sixteen,
relating to the time for commencement of civil and criminal
enforcement proceedings under environmental statutes.
Be it enacted by the Legislature of West Virginia:
That article one, chapter twenty-two of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
sixteen, to read as follows:
ARTICLE 1. DIVISION OF ENVIRONMENTAL PROTECTION.
§22-1-16. Time for commencing proceedings.
Notwithstanding any provision of this code to the contrary, no
action, suit or proceeding for the administrative, civil or
criminal enforcement of any provision of this chapter may be entertained unless commenced within three years from the date the
right to bring the action, suit or proceeding has accrued. The
limitation of this section applies, but is not limited to, actions,
suits or proceedings for the recovery of any fine, penalty or
forfeiture, pecuniary or otherwise. This section does not apply to
the enforcement of any provision when the violation is part of a
continuing violation and the last act of the continuing violation
occurred within three years from the date of the commencement of
the enforcement action.