SB373 Ellem AMT 3-5 #1
Delegate Ellem moves to strike the title of the bill and insert in lieu thereof a new title, to read as follows:
“Com. Sub For Com. Sub For S. B. 373 –- “A Bill to amend and reenact §16-1-2 and §16-1-9a of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto two new sections, designated §16-1-9c and §16-1-9d; to amend and reenact §22-26-2, §22-26-3, §22-26-5, §22-26-6, §22-26-7 and §22-26-8 of said code; to amend said code by adding thereto a new article, designated §22-30-1, §22-30-2, §22-30-3, §22-30-4, §22-30-5, §22-30-6, §22-30-7, §22-30-8, §22-30-9, §22-30-10, §22-30-11, §22-30-12, §22-30-13, §22-30-14, §22-30-15, §22-30-16, §22-30-17, §22-30-18, §22-30-19, §22-30-20, §22-30-21, §22-30-22, §22-30-23, §22-30-24, and §22-30-25; to amend said code by adding thereto a new article, designated §22-31-1, §22-31-2, §22-31-3, §22-31-4, §22-31-5, §22-31-6, §22-31-7, §22-31-8, §22-31-9, §22-31-10, §22-31-11 and §22-31-12; and to amend said code by adding thereto a new article, designated §22-32-1 and §22-32-2, all relating to the protection of water resources generally; providing for the regulation of the public water systems by the commissioner of the bureau for public health; requiring legislative rules therefore; modifying definitions; providing for entry and evaluations of water systems; providing civil penalties; authorizing commissioner to seek injunctive relief; requiring public water utilities to provide source water protection plans to the commissioner; specifying contents of plan; requiring assessment and monitoring of plans; continuing wellhead and source water protection grant program and fund to provide water source protection; revising the water resources protection and management act; modifying definitions; requiring state to protect waters; modifying registration requirements; requiring reports to the secretary of the department of environmental protection; requiring reports by secretary to legislative entities; requiring continuation of providing matching funds for stream-gauging network; modifying duties of legislative commission; requiring water resources survey and registry; information required from drilling contractors for water systems; adopting state water resources management plan; requiring reports from water users; establishing the aboveground storage tank act; requiring the secretary to compile inventory of aboveground storage tanks in the state; requiring registration and authorizing registration fee; requiring secretary to develop regulatory program for the tanks; providing minimum factors to be included in program and authorizing fees; requiring annual inspection and certification of the tanks; requiring evidence of financial security; requiring correction action and plans to address contamination of water caused by release of fluids from the tanks; requiring spill prevention response plans for the tanks; requiring notice of inventory of tanks to local water systems and governments; requiring the posting of signs at the tanks; creating an administrative fund and a fund to respond to leaking tanks; authorizing public access to information; authorizing inspections, monitoring and testing by secretary; authorizing secretary to issue administrative orders and seek injunctive relief; providing civil and criminal penalties; allowing appeals to environmental quality board; prohibiting duplicative enforcement; requiring secretary to report to legislative entities; requiring interagency coordination; duties of secretary upon imminent and substantial danger; providing additional duties and powers of secretary; providing categories of tanks not required to be permitted under the act; creating the public water supply protection act; requiring inventories of sources of certain contaminants in the zones of critical concern of certain public water systems; requiring registration and permits; providing additional duties and powers of secretary; authorizing public access to information; authorizing inspections, monitoring and testing by secretary; authorizing secretary to require NPDES permits in certain circumstances; providing civil and criminal penalties; allowing appeals to environmental quality board; creating public water system supply study commission; providing civil relief for certain persons affected or that may be affected by certain violations of article one, chapter sixteen and articles thirty and thirty-one, chapter twenty-two of the said code; definitions; establishing civil causes of action for certain relief; venue; notice of intent to commence an action; and establishing certain rights of intervention.”.