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Introduced Version House Bill 4411 History

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hb4411 intr
H. B. 4411


(By Delegate Stemple)
[Introduced February 5, 2008; referred to the
Committee on Agriculture and Natural Resources then the Judiciary.]




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 aquaculture facility.

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 follows:
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 additives;
(4) Buffer zones or other criteria necessary to adequately protect ground and surface water;
(5) Necessary restrictions of pollutant levels in the material;
(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 facilities.


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 be added.
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