H. B. 4033
(By Delegate Staton)
[Introduced January 13, 2000; referred to the
Committee on the Judiciary.]
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.
NOTE: The purpose of this bill is to establish a three-year
statute of limitations for commencement of civil and criminal
enforcement actions under state environmental statutes.
This section is new; therefore, strike-throughs and
underscoring have been omitted.