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.
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(NOTE: The purpose of this bill is to authorize the
Department of Environmental Protection to promulgate a legislative
rule relating to Oil and Gas Wells and Other Wells.
This section is new; therefore, strike-throughs and
underscoring have been omitted.)
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JUDICIARY COMMITTEE AMENDMENT
On page two, section one, line four, after the word
"authorized" by striking out the period and adding the following:
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".