COMMITTEE SUBSTITUTE

FOR

H. B. 2685

(By Delegates Michael, Compton, Amores,

Johnson, Jenkins, Capito and L. White)


(Originating in the Committee on the Judiciary)

[February 17, 1999]


A BILL to amend and reenact section twenty-four, article eleven, chapter twenty-two of the code of West Virginia, one thousand nine hundred thirty-one as amended, relating to creating a felony offense for certain violations of the water pollution control act.

Be it enacted by the Legislature of West Virginia:
That section twenty-four, article eleven, chapter twenty-two of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 11. WATER POLLUTION CONTROL ACT.
§22-11-24. VIOLATIONS; CRIMINAL PENALTIES.
(a) Any person who causes pollution or who fails or refuses to discharge any duty imposed upon such person him or her by this article or by any rule of the board or director, promulgated pursuant to the provisions and intent of this article or article three, chapter twenty-two-b of this code, or by an order of the director or board, or who fails or refuses to apply for and obtain a permit as required by the provisions of this article, or who fails or refuses to comply with any term or condition of such permit, is guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than one hundred dollars nor more than one thousand dollars, or by imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment.
(b) Any person who intentionally misrepresents any material fact in an application, record, report, plan or other document filed or required to be maintained under the provisions of this article or any rules promulgated by the director thereunder is guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than one thousand dollars nor more than ten thousand dollars or by imprisonment in the county jail not exceeding six months or by both such fine and imprisonment.
(c) Any person who willfully or negligently violates any provision of any permit issued under or subject to the provisions of this article or who willfully or negligently violates any provision of this article or any rule of the board or director or any effluent limitation or any order of the director or board is guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than two thousand five hundred dollars nor more than twenty-five thousand dollars per day of violation or by imprisonment in the county jail not exceeding one year or by both such fine and imprisonment.
(d) Any person convicted of a second or subsequent willful violation of subsections (b) or (c) of this section or knowingly and willfully violates any provision of any permit, rule or order issued under or subject to the provisions of this article, or knowingly and willfully violates any provision of this article, is guilty of a felony, and upon conviction shall be imprisoned in a correctional facility not less than one nor more than three years, or fined not more than fifty thousand dollars for each day of violation, or both fined and imprisoned.
(e) Any such person may be prosecuted and convicted under the provisions of this section notwithstanding that none of the administrative remedies provided for in this article have been pursued or invoked against said person and notwithstanding that civil action for the imposition and collection of a civil penalty or an application for an injunction under the provisions of this article has not been filed against such person.
(f) Where a person holding a permit is carrying out a program of pollution abatement or remedial action in compliance with the conditions and terms of such the permit, the person is not subject to criminal prosecution for pollution recognized and authorized by such the permit.