HOUSE CONCURRENT RESOLUTION NO. 89

(By Delegates Barker, Hrutkay, Moore, Wells, Amores, Caputo, Fragale, Hall, Hunt, Longstreth, Miley, Palumbo, Paxton, Stephens, Argento, Boggs, Wysong, Eldridge, Marshall, Poling and Tansill)




Requesting the Joint Committee on Government and Finance study sludge impoundments and slurry injections to determine if there are alternative methods of reducing or eliminating the environmental and safety impacts of coal mining byproducts.

Whereas, In the early morning hours of Oct. 11, 2000, it was discovered that an inrush of water and slurry from an impoundment had entered the underground workings of an abandoned mine of the Martin County Coal Corporation near Pilgrim, Ky. Reports indicated more than 250 million gallons of sludge-water containing coal dust and other mine waste-poured into the underground mine, bursting through portals and, eventually flowed into tributaries of the Big Sandy River; and
Whereas, In 1972, the tragic failure of the coal waste dam at Buffalo Creek occurred and as a result of this failure, federal regulations were promulgated requiring mining companies, which have dams that meet the size or hazard criteria spelled out in these regulations, to submit an engineering design plan for these impoundments; and
Whereas, Since the regulations were implemented there were four instances in which a coal waste impoundment failed, causing environmental damage but without loss of human life; and
Whereas, Residents and property owners downstream or near these impoundments live with the constant threat that an impoundment may fail; and
Whereas, Advances in coal technology may provide an alternative to current sludge management practice which is safer, more environmentally friendly and less costly in the long run; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study sludge impoundments and slurry injections to determine if there are alternative methods of reducing or eliminating the environmental and safety impacts of coal mining byproducts; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2007, 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.