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Red = new code to be enacted WEST VIRGINIAvirginia LEGISLATURElegislature REGULARregular SESSIONsession IntroducedCommittee Substitute for Senate Bill 461 By Senators Phillips and Smith [Introduced[Originating Januaryin 21,the 2022;Committee on Energy, Industry and Mining;

referredreported on January 25, 2022]     A BILL to amend and reenact §22-1-15 of the CommitteeCode onof Energy,West Industry,Virginia, and1931, Mining;as amended, relating to removing the statutory limit of $300,000 for the Environmental Laboratory Certification Fund.

and then to the Committee on Finance] A BILL to amend and reenact §22-1-15 of the Code of West Virginia, 1931, as amended, relating to removing the statutory limit of $300,000 for the Environmental Laboratory Certification Fund.

(b) After the effective date of the rules promulgated pursuant to this section, waste and wastewater tests and analyses conducted in laboratories that are not certified for the parameters or toxicity being tested or analyses shall not be accepted by the division, except as otherwise provided, as being in compliance with the requirements, rulesrules, or orders of the division issued under authority of one or more of the covered statutory programs:

Provided, That any person whose data or test results are invalidated because that person had relied upon a laboratory which loses its certification, shall be granted thirty30 days after notice of the invalidated test results by the director during which data or test results may be repeated or reanalyzed by a certified laboratory for purposes of demonstrating compliance under the covered statutory programs.

(h) A special revenue fund designated the "environmental laboratory certification fund" shall be continued in the state State Treasury on July 1, 1994.

Water Pollution Control Act, article eleven11 of this chapter;

Hazardous Waste Management Act, article eighteen18 of this chapter;

Hazardous Waste Emergency Response Fund Act, article nineteen19 of this chapter;

Underground Storage Tank Act, article seventeen17 of this chapter;

the Solid Waste Management Act, article fifteen15 of this chapter;

or the Groundwater Protection Act, article twelve12 of this chapter.

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