SENATE CONCURRENT RESOLUTION NO. 43

(By Senators Kessler, Tomblin, Mr. President, Jackson, Unger, Bailey, Wooton, Ross, Hunter, Rowe, Mitchell, Edgell, Fanning, Anderson, Sharpe, Oliverio, Helmick and Minard)

Requesting the Joint Committee on Government and Finance study dust created by mining activity and its effect on the environment, our citizens and their property.

Whereas, Legislators are the stewards of West Virginia and they have the charge of making laws that protect the state and its people. This protection includes citizens' health and safety; and

Whereas, Dust created by mining activity is a concern of residents in the mining areas of West Virginia; and

Whereas, There currently is no standard for measuring dust related to mining activity; and

Whereas, The Legislature needs accurate information regarding dust from mining activity in order to make informed decisions regarding any problems and potential solutions; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is requested to review, examine and study dust created by mining activity with specific emphasis on the following areas of inquiry:

(a) The lasting effects of dust related to mining activity on
property within the area of activity/hauling;
(b) The effects of dust related to mining activity in regard to surface, ground and well water; and

(c) Updating existing laws in the following areas:

(1) Response to concerns of citizens by state agencies;

(2) Safe and acceptable levels of dust; and

(3) Current statutory and regulatory law and its control of the amount of dust discharged/carried into communities; and, be it

Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2002, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.