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.