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Engrossed Version Senate Bill 405 History

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SB405 eng
ENGROSSED


Senate Bill No. 405

(By Senators Minard, Snyder, Prezioso,

Unger, Boley and K. Facemyer)

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[Introduced February 1, 2010; referred to the Committee on the Judiciary.]

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A BILL to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to oil and gas wells and other wells.

Be it enacted by the Legislature of West Virginia:

That article 3, chapter 64 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 3. AUTHORIZATION FOR DEPARTMENT OF ENVIRONMENTAL PROTECTION TO PROMULGATE LEGISLATIVE RULES.

§64-3-1. Department of Environmental Protection.

The legislative rule filed in the state register on the
twenty-first day of April, two thousand nine, authorized under the authority of section two, article six, chapter twenty-two, of this code, modified by the Department of Environmental Protection to meet the objections of the legislative rule-making review committee and refiled in the state register on the fifteenth day of January, two thousand ten, relating to the Department of Environmental Protection (oil and gas wells and other wells, 35 CSR 4), is authorized with the following amendment:
On page twenty-five, subdivision 16.4.d., by striking out the words "authorized by the Office, based on soil analysis from the operator, to be suitable to prevent seepage or leakage" and inserting in lieu thereof the words "deemed to be suitable to prevent seepage or leakage based on soil analysis from the operator and standards developed and certified by a registered professional engineer and approved by the Office".

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