Bill-EQB
H. B. 4238
(By Delegates Hunt, Linch, Compton,
Jenkins, Faircloth and Riggs)

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 a legislative rule 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 quality board.
The legislative rule filed in the state register on the third sixth day of August, one thousand nine hundred ninety-eight ninety-nine, authorized 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 twenty- first day of January, two thousand,

relating to the environmental quality board (requirements governing water quality standards, 46 CSR 1), is authorized. until the thirtieth day of October, 1999: Provided, That the environmental quality board shall review, revise and propose, within this statutory deadline, and in accordance with the provisions of chapter twenty-nine-a of this code, emergency and legislative rules to address the interpretive differences regarding the designation of category A waters and analyze the need for distance prohibitors for the policies of public drinking water intake, with the amendments set forth below:
On page fourteen, subsection 7.2.b., by following the words "contrary provision," by striking the word "numeric";
And, on page twenty, by striking-out all of subsection 8.5.

On page 14, at the end of paragraph 7.2.a.2 after the word "headwaters.)" by inserting the following:
"Until June 30, 2003, the one-half mile zone described in this section shall not apply to the Ohio River main channel (between Brown's Island and the left descending bank) between river mile points 61.0 and 63.5."

NOTE: The purpose of this bill is to authorize the Environmental Quality Board to promulgate a legislative rule relating to Requirements Governing Water Quality Standards

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Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.