Bill Text: WV HB3001 | 2014 | Regular Session | Introduced
Bill Title: Requiring a composite soil sampling and testing be performed on the ground area underneath a pit or impoundment after it has been drained
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-01-09 - To House Judiciary [HB3001 Detail]
Download: West_Virginia-2014-HB3001-Introduced.html
(By Delegate Manypenny)
[Introduced March 20, 2013; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact §22-6A-9 of the Code of West Virginia, 1931, as amended, relating to a requirement, as part of a removal-plan, that a composite soil sample test be performed on the ground area underneath a pit or impoundment after it has been drained and the plastic removed.
Be it enacted by the Legislature of West Virginia:
That §22-6A-9 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 6A. NATURAL GAS HORIZONTAL WELL CONTROL ACT.
§22-6A-9. Certificate of approval required for large pits or impoundment construction; certificate of approval and annual registration fees; application required to obtain certificate; term of certificate; revocation or suspension of certificates; appeals; farm ponds.
(a) The Legislature finds that large
(b) It is unlawful for
(c) The application fee for placement, construction, enlargement, alteration, repair or removal of an impoundment pursuant to this section is $300 and the fee shall accompany the application for certificate of approval. Operators holding certificates of approval
(d)
(e) The initial term of a certificate of approval issued pursuant to this section is one year. Existing certificates of approval shall be extended for one year upon receipt of the annual registration fee, an inspection report, a monitoring and emergency action plan and a maintenance plan: Provided, That where an approved, up-to-date inspection report, monitoring and emergency action plan and maintenance plan are on file with the department, and where no outstanding violation of the requirements of the certificate of approval or any plan submitted pursuant to this article related to the impoundment exist, then the certificate of approval shall be extended without resubmission of the foregoing documents upon receipt of the annual registration fee.
(f) Every application for a certificate of approval shall be made in writing on a form prescribed by the secretary and
(g) Plans and specifications for the placement, construction, erosion and sediment control, enlargement, alteration, repair or removal and reclamation of impoundments shall be the charge of a registered professional engineer licensed to practice in West Virginia.
(h) Each certificate of approval issued by the secretary pursuant to the provisions of this article may contain other terms and conditions the secretary prescribes.
(i) The secretary may revoke or suspend any certificate of approval whenever the secretary determines that the impoundment for which the certificate was issued constitutes an imminent danger to human life or property. If necessary to safeguard human life or property, the secretary may also amend the terms and conditions of
(1) Before
(2)
(j)
(k) This section does not apply to:
(1) Farm ponds constructed by the operator with the written consent of the surface owner, which will be used after completion of the drilling activity primarily for agricultural purposes including, without limitation, livestock watering, irrigation, retention of animal wastes and fish culture.
(2) Farm ponds subject to certificates of approval under article fourteen of this chapter.
(l) The secretary is authorized to propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code, necessary to effectuate the provisions of this section.
NOTE: The purpose of this bill is to require, as part of a removal-plan, a composite soil sampling and testing be performed on the ground area underneath a pit or impoundment after it has been drained and the plastic removed.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.