Bill Text: WV HB2010 | 2018 | Regular Session | Introduced
Bill Title: Requiring authorization from the Legislature before submitting an application for an MS-4 permit to the United States Environmental Protection Agency
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2018-01-10 - To House Political Subdivisions [HB2010 Detail]
Download: West_Virginia-2018-HB2010-Introduced.html
WEST virginia Legislature
2017 regular session
By
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to the Committee on Political Subdivisions then the Judiciary
A BILL to amend the Code
of West Virginia, 1931, as amended, by adding thereto a new section, designated
§7-1-3tt, relating to requiring a county to obtain express authorization from
the Legislature in the form of a concurrent resolution before submitting an
application for an MS-4 permit to the United States Environmental Protection
Agency and providing that a county may not be required to comply with terms of
an MS-4 permit unless the state or federal government pays for the cost of
compliance.
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 §7-1-3tt, to read as follows:
ARTICLE 1. county
commissions Generally.
§7-1-3tt.
Municipal separate storm sewer system permits; legislative authorization
required.
(a) Definitions.--
A “municipal separate
storm sewer system permit” or an “MS-4 permit” means a permit issued under the
National Pollutant Discharge Elimination System, authorized by the Clean Water
Act, 33 U.S.C. §1251-1387, and promulgated by
40 C.F.R. §§122.1-122.64.
(b)
Legislative Authorization.--
(1)
Notwithstanding any other provision of this code, a county is prohibited from
submitting an application for an MS-4 permit to the United States Environmental
Protection Agency without first requesting and receiving the express approval
of both houses of the Legislature by concurrent resolution.
(2)
A county requesting approval of the Legislature to apply for an MS-4 permit must
submit a proposal to the Legislature which shall include:
(A)
The county commission’s rationale and justification for requesting an MS-4
permit; and
(B)
The estimated costs to the county of complying with the terms of an MS-4 permit,
including the cost of compliance with any reporting requirements, and a
detailed description of the county’s plan to pay for the costs of an MS-4
permit.
(3)
If both houses of the Legislature adopt a concurrent resolution authorizing a
county to apply for an MS-4 permit, the county commission may submit an
application for an MS-4 permit to the United State Environmental Protection
Agency. If either house of the Legislature fails to adopt the concurrent
resolution under this subsection, the department may not submit an application
for an MS-4 permit to the United States Environmental Protection Agency for
consideration.
(4)
Any county that received an MS-4 permit prior to the enactment of this section may
not be required to comply with the conditions of the permit unless any
and all costs of compliance are paid by the federal or state government.
NOTE: The purpose of this bill is
to require a county to obtain express authorization from the Legislature in the
form of a concurrent resolution before submitting an application for an MS-4
permit to the United States Environmental Protection Agency and providing that
a county may not be required to comply with terms of an MS-4 permit unless the
state or federal government pays for the cost of compliance.
Strike-throughs indicate language
that would be stricken from a heading or the present law and underscoring
indicates new language that would be added.
