H. B. 4411
(By Delegate Stemple)
[Introduced February 5, 2008; referred to the
Committee on Agriculture and Natural Resources then the
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §19-29-6; and to
amend and reenact §22-15-22 of said code, all relating to the
regulation of land-based aquaculture facilities; exempting
aquaculture facilities from certain sludge management
requirements; and providing the Commissioner of Agriculture
rule-making authority to promulgate rules after consultation
with the Department of Environmental Protection, concerning
the disposal or application of waste produced from an
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §19-29-6; and that
§22-15-22 of said code be amended and reenacted, all to read as
CHAPTER 19. AGRICULTURE.
ARTICLE 29. PRODUCTION OF NONTRADITIONAL AGRICULTURE PRODUCTS.
§19-29-6. Waste disposal from an aquaculture facility.
After consultation with the Department of Environmental
Protection, the commissioner shall propose rules for legislative
approval in accordance with article three, chapter twenty-nine-a of
this code, to include the disposal or application of waste produced
from an aquaculture facility.
CHAPTER 22. ENVIRONMENTAL RESOURCES.
ARTICLE 15. SOLID WASTE MANAGEMENT ACT.
§22-15-22. Sludge management.
(a) Any sludge or other material determined by the secretary
to have beneficial properties similar to sewage sludge may be
beneficially used in accordance with the applicable requirements
governing sewage sludge, and any other requirements determined to
be necessary by the secretary to protect human health and the
environment. Persons seeking to beneficially use sludge must meet
the requirements of this article and the rules promulgated
thereunder under this article.
(b) In order to enhance the resource recovery and recycling
goals of this act and to encourage the beneficial use of sludge or
other materials, the secretary shall propose for promulgation in
accordance with the provisions of article three, chapter
twenty-nine-a of this code, emergency and legislative rules to effectuate the purposes of this section. The secretary shall at a
minimum include the following in the proposed rules:
(1) A mechanism to determine beneficial use characteristics;
(2) A method to determine pollutant content of the material
proposed for beneficial use;
(3) A method to determine that the beneficial properties of
the material are derived from the raw material rather than
(4) Buffer zones or other criteria necessary to adequately
protect ground and surface water;
(5) Necessary restrictions of pollutant levels in the
(6) Analytical methods, loading rates and storage requirements
for the material;
(7) Permit requirements; and
(8) Appropriate fees.
(c) These rules do not apply to land-based aquaculture
NOTE: The purpose of this bill is to exempt land-based finfish
aquaculture facilities from certain sludge management requirements.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would