West Virginia 2024 Regular Session Status: In Committee 1 R cosponsors

SB 596 — Relating to administration of WV Water Pollution Control Act and Underground Carbon Dioxide Sequestration and Storage

Last action — Referred to Rules on 2nd reading

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House of Delegates
  5. 5
    To Executive
  6. 6
    Enacted

This bill is in committee in the Senate. Introduced January 30, 2024. It must pass committee before a floor vote.

Next likely step: a committee vote, then a floor vote in the Senate.

Odds of enactment

Low chance

Based on the sponsor, cosponsors, and committee posture, this bill has a low chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Stalled 18% · moderate confidence

  • In Committee

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 R).

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

272 added · 257 removed

Plain-language change summary

The amended version of SB 596 now includes provisions that enhance safety and environmental protections related to underground carbon dioxide sequestration programs in West Virginia. Key changes specify that the state must meet stricter requirements before issuing a Certificate of Completion, such as ensuring a 50-year waiting period after injection activities, along with clear liability responsibilities for permit holders. These updates matter because they aim to better protect the state's water resources and public health by ensuring that facilities adhere to high standards before being considered safe for operation.

→
Previous
Latest
WEST VIRGINIA LEGISLATURE REGULAR SESSION Introduced Senate Bill 596 By Senators Smith and Phillips [Introduced January 30, 2024;
WEST VIRGINIA LEGISLATURE REGULAR SESSION Committee Substitute for Senate Bill 596 By Senators Smith and Phillips [Originating in the Committee on Energy, Industry, and Mining;
referred to the Committee on Energy, Industry, and Mining;
reported February 5, 2024] CS for SB 596 A BILL to amend and reenact §22-11-4, §22-11-22, §22-11-22a, §22-11-24, and §22-11-25 of the Code of West Virginia, 1931, as amended;
and then to the Committee on the Judiciary] Intr SB 2024R3376S 2024R2988H A BILL to amend and reenact §22-11-4, §22-11-22, §22-11-22a, §22-11-24, and §22-11-25 of the Code of West Virginia, 1931, as amended;
and to amend and reenact §22-11B-3 and §22- 11B-12 of said code, all related to the administration of the West Virginia Water Pollution Control Act and Underground Carbon Dioxide Sequestration and Storage to provide assurances to the United States Environmental Protection Agency regarding the State of West Virginia’s application for primary enforcement authority over underground carbon dioxide sequestration programs;
and to amend §22-11B-3 and §22-11B-12 of said code, all relating to administering the West Virginia Water Pollution Control Act and Underground Carbon Dioxide Sequestration and Storage;
to insert cross references between the Underground Carbon Sequestration and Storage statutes and the West Virginia Water Pollution Control Act to protect water resources;
and providing further assurances to the United States Environmental Protection Agency regarding the State of West Virginia's application for primary enforcement authority over underground carbon dioxide sequestration programs within the state.
providing that before a Certificate of Completion can be issued, all the requirements of a class six injection well permit must be met, including post injection site care and closure requirements;
altering the minimum 10-year period between the end of injections and the issuance of the certificate to be either 50 years or another time period on a site-specific basis as determined by Department of Environmental Protection rules;
providing exceptions and limitations to what liability is transferred to the state and what remains with the permittee;
providing that a permittee will be responsible for certain contractual obligations and criminal liability;
providing that a release of liability does not apply to owners or operators of a facility when liability arises from noncompliance with applicable laws, regulations, or permits prior to issuance of the Certificate of Completion;
providing for liability when it is determined that fluid migration has occurred that causes or threatens underground sources of drinking water;
providing that the secretary will implement the article in a manner consistent with the requirements of the federal Safe Drinking Water Act;
providing for the exercise of the state’s authority to restrain people from endangering or damaging public health or the environment.
(a) In addition to all other powers and duties the director has and may exercise, subject to specific grants of authority to the chief or the board in this article or elsewhere in this code, the director has the following powers and authority and shall perform the following duties:
1 (a) In addition to all other powers and duties the director has and may exercise, subject to specific grants of authority to the chief or the board in this article or elsewhere in this code, the director has the following powers and authority and shall perform the following duties:
(1) To perform any and all acts necessary to carry out the purposes and requirements of this article and of the "Federal Water Pollution Control Act," 33 U.S.C.
(1) To perform any and all acts necessary to carry out the purposes and requirements of this article and of the Federal Water Pollution Control Act, 33 U.S.C.
§1251, et seq., as amended, relating to this state's participation in the "National Pollutant Discharge Elimination System," 33 U.S.C.
§1251 et seq., as amended, relating to this state's participation in the National Pollutant Discharge Elimination System, 33 U.S.C.
(2) To encourage voluntary cooperation by all persons in the conservation, improvement and development of water resources and in controlling and reducing the pollution of the waters of this state, and to advise, consult and cooperate with all persons, all agencies of this state, the federal government or other states, and with interstate agencies in the furtherance of the purposes of this article, and to this end and for the purpose of studies, scientific or other investigations, research, experiments and demonstrations pertaining thereto, the division may receive moneys from such agencies, officers and persons on behalf of the state.
(2) To encourage voluntary cooperation by all persons in the conservation, improvement, and development of water resources and in controlling and reducing the pollution of the waters of this state, and to advise, consult, and cooperate with all persons, all agencies of this state, the federal government, or other states, and with interstate agencies in the furtherance of the purposes of this article, and to this end and for the purpose of studies, scientific or other investigations, research, experiments, and demonstrations pertaining thereto, the division may receive moneys from such agencies, officers, and persons on behalf of the state.
The division shall pay all moneys so received into a special fund hereby created in the state Treasury, which fund shall be expended under the direction of the director solely for the purpose or purposes for which the grant, gift or Intr SB 2024R3376S 2024R2988H contribution was made;
The division shall pay all moneys so received into a special fund hereby created in the state Treasury, which fund shall be expended under the direction of the director solely for the purpose or purposes for which the grant, gift, or contribution was made;
(4) To encourage, participate in, or conduct or cause to be conducted studies, scientific or other investigations, research, experiments and demonstrations relating to the water resources of the state and water pollution and its causes, control and reduction, and to collect data with respect thereto, all as may be deemed advisable and necessary to carry out the purposes of this article;
(4) To encourage, participate in, or conduct, or cause to be conducted studies, scientific or other investigations, research, experiments, and demonstrations relating to the water resources of the state and water pollution and its causes, control, and reduction, and to collect data with respect thereto, all as may be deemed advisable and necessary to carry out the purposes of this article;
(5) To study and investigate all problems concerning water flow, water pollution and the control and reduction of pollution of the waters of the state, and to make reports and recommendations with respect thereto;
(5) To study and investigate all problems concerning water flow, water pollution, and the CS for SB 596 control and reduction of pollution of the waters of the state, and to make reports and recommendations with respect thereto;
(8) To sample ground and surface water with sufficient frequency to ascertain the standards of purity or quality from time to time of the waters of the state;
(8) To sample ground and surface water with sufficient frequency to ascertain the standards of purity or quality, from time to time, of the waters of the state;
(10) To exercise general supervision over the administration and enforcement of the provisions of this article, and all rules, permits and orders issued pursuant to the provisions of this article, §22-11-1 et seq.
(10) To exercise general supervision over the administration and enforcement of the provisions of this article, and all rules, permits, and orders issued pursuant to the provisions of this article, §22-11-1 et seq., §22-11A-1 et seq., §22-11B-1 et seq., of this code, and §22B-1-1 et seq.
§22-11A-1 et seq., §11-11B-1 et seq., of this code and §22B-1-1 et seq.
(11) In cooperation with the college of engineering at West Virginia University and the schools and departments of engineering at other institutions of higher education operated by this Intr SB 2024R3376S 2024R2988H state, to conduct studies, scientific or other investigations, research, experiments and demonstrations in an effort to discover economical and practical methods for the elimination, disposal, control and treatment of sewage, industrial wastes, and other wastes, and the control and reduction of water pollution, and to this end, the director may cooperate with any public or private agency and receive therefrom, on behalf of the state, and for deposit in the state Treasury, any moneys which such agency may contribute as its part of the expenses thereof, and all gifts, donations or contributions received as aforesaid shall be expended by the director according to the requirements or directions of the donor or contributor without the necessity of an appropriation therefor, except that an accounting thereof shall be made in the fiscal reports of the division;
(11) In cooperation with the college of engineering at West Virginia University and the schools and departments of engineering at other institutions of higher education operated by this state, to conduct studies, scientific or other investigations, research, experiments, and demonstrations in an effort to discover economical and practical methods for the elimination, disposal, control, and treatment of sewage, industrial wastes, and other wastes, and the control and reduction of water pollution, and to this end, the director may cooperate with any public or private agency and receive therefrom, on behalf of the state, and for deposit in the state Treasury, any moneys which such agency may contribute as its part of the expenses thereof, and all gifts, donations, or contributions received as aforesaid shall be expended by the director according to the requirements or directions of the donor or contributor without the necessity of an appropriation therefor, except that an accounting thereof shall be made in the fiscal reports of the division;
(12) To require the prior submission of plans, specifications, and other data relative to, and to inspect the construction and operation of, any activity or activities in connection with the issuance and revocation of such permits as are required by this article, §22-11A-1 et seq.
(12) To require the prior submission of plans, specifications, and other data relative to, and 3 CS for SB 596 to inspect the construction and operation of, any activity or activities in connection with the issuance and revocation of such permits as are required by this article, §22-11A-1 et seq.
(13) To require any and all persons directly or indirectly discharging, depositing or disposing of treated or untreated sewage, industrial wastes or other wastes, or the effluent therefrom, into or near any waters of the state or into any underground strata, and any and all persons operating an establishment which produces or which may produce or from which escapes, releases or emanates or may escape, release or emanate treated or untreated sewage, industrial wastes or other wastes, or the effluent therefrom, into or near any waters of the state or into any underground strata, to file with the division such information as the director may require in a form or manner prescribed for such purpose, including, but not limited to, data as to the kind, characteristics, amount and rate of flow of any such discharge, deposit, escape, release or disposition;
(13) To require any and all persons directly or indirectly discharging, depositing, or disposing of treated or untreated sewage, industrial wastes or other wastes, or the effluent therefrom, into or near any waters of the state or into any underground strata, and any and all persons operating an establishment which produces, or which may produce, or from which escapes, releases or emanates or may escape, release or emanate treated or untreated sewage, industrial wastes or other wastes, or the effluent therefrom, into or near any waters of the state or into any underground strata, to file with the division such information as the director may require in a form or manner prescribed for such purpose, including, but not limited to, data as to the kind, characteristics, amount, and rate of flow of any such discharge, deposit, escape, release, or disposition;
and Intr SB 2024R3376S 2024R2988H §22-11B-1 et seq.
and §22-11B-1 et seq.
and (B) the state's share of waters in watercourses bordering the state;
and (B) The state's share of waters in watercourses bordering the state;
(A) Implementing and making effective the declaration of policy contained in section one of this article and the powers, duties and responsibilities vested in the director and the chief by the provisions of this article and otherwise by law;
(A) Implementing and making effective the declaration of policy contained in section one of this article and the powers, duties, and responsibilities vested in the director and the chief by the provisions of this article and otherwise by law;
(B) preventing, controlling, and abating pollution;
4 CS for SB 596 (B) Preventing, controlling, and abating pollution;
and (C) facilitating the state's participation in the "National Pollutant Discharge Elimination System" pursuant to the "Federal Water Pollution Control Act," as amended:
and (C) Facilitating the state's participation in the National Pollutant Discharge Elimination System pursuant to the Federal Water Pollution Control Act, as amended:
and (17) To advise all users of water resources as to the availability of water resources and the most practicable method of water diversion, use, development and conservation.
and (17) To advise all users of water resources as to the availability of water resources and the most practicable method of water diversion, use, development, and conservation.
(b) Whenever required to carry out the objectives of this article, §22-11A-1 et seq., or §22- 11B-1 et seq.
(b) Whenever required to carry out the objectives of this article, §22-11A-1 et seq.
of this code the director shall require the owner or operator of any point source or establishment to:
or §22- 11B-1 et seq.
of this code, the director shall require the owner or operator of any point source or establishment to:
(ii) make such reports;
(ii) Make such reports;
(iii) install, use and maintain such monitoring equipment or methods;
(iii) Install, use, and maintain such monitoring equipment or methods;
(iv) sample such effluents in accordance with such methods, at such locations, at such intervals and in such manner as the director shall prescribe;
(iv) Sample such effluents in accordance with such methods, at such locations, at such intervals, and in such manner as the director shall prescribe;
and (v) provide such other information as the director may reasonably require.
and (v) Provide such other information as the director may reasonably require.
(i) Has a right of entry to, upon or through any premises in which an effluent source is located or in which any records required to be maintained under subsection (b) of this section are located;
(i) Has a right of entry to, upon, or through any premises in which an effluent source is located or in which any records required to be maintained under subsection (b) of this section are located;
and (ii) may at reasonable times have access to and copy any records, inspect any monitoring equipment or method required under subsection (b) of this section and sample any streams in the area as well as sample any effluents Intr SB 2024R3376S 2024R2988H which the owner or operator of such source is required to sample under subsection (b) of this section.
and (ii) May at reasonable times have access to and copy any records, inspect any monitoring equipment or method required under subsection (b) of this section, and sample any streams in the area as well as sample any effluents which the owner or operator of such source is required to sample under subsection (b) of this section.
Show all 108 changed rows (68 more)
Previous
Latest
(d) The director is hereby authorized and empowered to may investigate and ascertain the need and factual basis for the establishment of public service districts as a means of controlling and reducing pollution from unincorporated communities and areas of the state, investigate and ascertain, with the assistance of the Public Service Commission, the financial feasibility and projected financial capability of the future operation of any such public service district or districts, and to present reports and recommendations thereon to the county commissions of the areas concerned, together with a request that such county commissions create a public service district or districts, as therein shown to be needed and required and as provided in article thirteen-a, chapter sixteen of this code.
(d) The director is hereby authorized and empowered to may investigate and ascertain the 5 CS for SB 596 need and factual basis for the establishment of public service districts as a means of controlling and reducing pollution from unincorporated communities and areas of the state, investigate and ascertain, with the assistance of the Public Service Commission, the financial feasibility and projected financial capability of the future operation of any such public service district or districts, and to present reports and recommendations thereon to the county commissions of the areas concerned, together with a request that such county commissions create a public service district or districts, as therein shown to be needed and required and as provided in §16-13A-1 et seq.
In the event a county commission fails to act to establish a county-wide public service district or districts, the director shall act jointly with the Commissioner of the Bureau of Public Health to further investigate and ascertain the financial feasibility and projected financial capability and, subject to the approval of the Public Service Commission, order the county commission to take action to establish such public service district or districts as may be necessary to control, reduce or abate the pollution, and when so ordered the county commission members must act to establish such a county-wide public service district or districts.
of this code.
(e) The director has the authority to may enter at all reasonable times upon any private or public property for the purpose of making surveys, examinations, investigations and studies needed in the gathering of facts concerning the water resources of the state and their use, subject to responsibility for any damage to the property entered.
In the event a county commission fails to act to establish a county-wide public service district or districts, the director shall act jointly with the Commissioner of the Bureau of Public Health to further investigate and ascertain the financial feasibility and projected financial capability and, subject to the approval of the Public Service Commission, order the county commission to take action to establish such public service district or districts as may be necessary to control, reduce, or abate the pollution, and when so ordered, the county commission members must act to establish such a county-wide public service district or districts.
Upon entering, and before making any survey, examination, investigation and study, such person shall immediately present himself or herself to the occupant of the property.
(e) The director has the authority to may enter at all reasonable times upon any private or public property for the purpose of making surveys, examinations, investigations, and studies needed in the gathering of facts concerning the water resources of the state and their use, subject to responsibility for any damage to the property entered.
Upon entering property used in any manufacturing, mining or other commercial enterprise, or by any municipality or governmental agency or subdivision, and before making any survey, examination, investigation and study, such person shall immediately Intr SB 2024R3376S 2024R2988H present himself or herself to the person in charge of the operation, and if he or she is not available, to a managerial employee.
Upon entering, and before making any survey, examination, investigation, and study, such person shall immediately present himself or herself to the occupant of the property.
Upon entering property used in any manufacturing, mining, or other commercial enterprise, or by any municipality or governmental agency or subdivision, and before making any survey, examination, investigation, and study, such person shall immediately present himself or herself to the person in charge of the operation, and if he or she is not available, to a managerial employee.
Upon refusal of the person owning or controlling such property to permit such entrance or the making of such surveys, examinations, investigations and studies, the director may apply to the circuit court of the county in which such property is located, or to the judge thereof in vacation, for an order permitting such entrance or the making of such surveys, examinations, investigations and studies;
Upon refusal of the person owning or controlling such property to permit such entrance or the making of such surveys, examinations, investigations, and studies, the director 6 CS for SB 596 may apply to the circuit court of the county in which such property is located, or to the judge thereof in vacation, for an order permitting such entrance or the making of such surveys, examinations, investigations, and studies;
Any such civil penalty may be imposed and collected only by a civil action instituted by the director in the circuit court of the county in which the violation occurred or is occurring or of the county in which the waters thereof are polluted as the result of such violation.
Any such civil penalty may be imposed and collected only by a civil action instituted by the director in the circuit court of the county in which the violation occurred, or is occurring, or of the county in which the waters thereof are polluted as the result of such violation.
Upon application by the director, the circuit courts of the state or the judges thereof in vacation may by injunction compel compliance with and enjoin violations of the provisions of this article, §22-11A-1 et seq., and §22-11B-1 et seq.
Upon application by the director, the circuit courts of the state, or the judges thereof in vacation, may by injunction, compel compliance with and enjoin violations of the provisions of this article, §22-11A-1 et seq., and §22-11B-1 et seq.
of this code or any order of the director or Intr SB 2024R3376S 2024R2988H board, and the venue of any such actions shall be the county in which the violations or noncompliance exists or is taking place or in any county in which the waters thereof are polluted as the result of such violation or noncompliance.
of this code or any order of the director or board, and the venue of any such actions shall be the county in which the violations or noncompliance exists or is taking place, or in any county in which the waters thereof are polluted as the result of such violation or noncompliance.
The court or the judge thereof in vacation may issue a temporary or preliminary injunction in any case pending a decision on the merits of any injunction application filed.
The court, or the judge thereof in vacation, may issue a temporary or preliminary injunction in any case pending a decision on the merits of any 7 CS for SB 596 injunction application filed.
Any other section of this code to the contrary notwithstanding, the state is not required to furnish bond as a prerequisite to obtaining injunctive relief under this article, or §22- 11A-1 et seq., and §22-11B-1 et seq.
Any other section of this code to the contrary notwithstanding, the state is not required to furnish bond as a prerequisite to obtaining injunctive relief under this article, or §22-11A-1 et seq., and §22-11B-1 et seq.
The judgment of the circuit court upon any application filed or in any civil action instituted under the provisions of this section is final unless reversed, vacated or modified on appeal to the Supreme Court of Appeals.
The judgment of the circuit court upon any application filed or in any civil action instituted under the provisions of this section is final unless reversed, vacated, or modified on appeal to the Supreme Court of Appeals.
Legal counsel and services for the chief, director or the board in all civil penalty and injunction proceedings in the circuit court and in the Supreme Court of Appeals of this state shall be provided by the Attorney General or his or her assistants and by the prosecuting attorneys of the several counties as well, all without additional compensation, or the chief, director or the board, with the written approval of the Attorney General, may employ counsel to represent him or her or it in a particular proceeding.
Legal counsel and services for the chief, director, or the board in all civil penalty and injunction proceedings in the circuit court and in the Supreme Court of Appeals of this state shall be provided by the Attorney General or his or her assistants and by the prosecuting attorneys of the several counties as well, all without additional compensation, or the chief, director, or the board, with the written approval of the Attorney General, may employ counsel to represent him or her or it in a particular proceeding.
(b) In addition to the powers and authority granted to the director by this chapter to enter into consent agreements, settlements and otherwise enforce this chapter, the director shall Intr SB 2024R3376S 2024R2988H propose, for legislative promulgation, rules in accordance with the provisions of §29A-3-1 et seq.
(b) In addition to the powers and authority granted to the director by this chapter to enter into consent agreements, settlements and otherwise enforce this chapter, the director shall propose, for legislative promulgation, rules in accordance with the provisions of §29A-3-1 et seq.
civil administrative penalties for coal mining operations.
civil administrative penalties for coal 8 CS for SB 596 mining operations.
(a) Any person who holds a permit to operate a coal mining operation issued under article three of this chapter who violates any provision of any permit issued under or subject to the provisions of this article, or §22-11A-1 et seq., and §22-11B-1 et seq.
(a) Any person who holds a permit to operate a coal mining operation issued under article three of this chapter who violates any provision of any permit issued under or subject to the provisions of this article, or §22-11A-1 et seq.
of this code is subject to a civil penalty not to exceed $25,000 per a day of the violation and any person who violates any provision of this article or of any rule or who violates any standard or order promulgated or made and entered under the provisions of this article, §22-11A-1 et seq., of this code or §22-11B-1 et seq.
and §22-11B-1 et seq.
of this code is subject to a civil penalty not to exceed $25,000 per a day of the violation and any person who violates any provision of this article or of any rule, or who violates any standard or order promulgated or made and entered under the provisions of this article, §22-11A-1 et seq.
of this code or §22-11B-1 et seq.
(1) Any such civil penalty may be imposed and collected only by a civil action instituted by the secretary in the circuit court of the county in which the violation occurred or is occurring or of the county in which the waters thereof are polluted as the result of such violation.
(1) Any such civil penalty may be imposed and collected only by a civil action instituted by the secretary in the circuit court of the county in which the violation occurred, or is occurring, or of the county in which the waters thereof are polluted as the result of such violation.
(2) In determining the amount of a civil penalty the circuit court shall consider the seriousness of the violation or violations, the economic benefit, if any, resulting from the violation, any history of the violations, any good-faith efforts to comply with the applicable requirements, cooperation by the permittee with the secretary, the economic impact of the penalty on the violator, and other matters as justice may require.
(2) In determining the amount of a civil penalty, the circuit court shall consider the seriousness of the violation or violations, the economic benefit, if any, resulting from the violation, any history of the violations, any good-faith efforts to comply with the applicable requirements, cooperation by the permittee with the secretary, the economic impact of the penalty on the violator, and other matters as justice may require.
(3) Upon application by the secretary, the circuit courts of the state or the judges thereof in vacation may by injunction compel compliance with and enjoin violations of the provisions of this article, §22-7A-1 et seq., and §22-11B-1 et seq.
(3) Upon application by the secretary, the circuit courts of the state, or the judges thereof in vacation, may by injunction compel compliance with and enjoin violations of the provisions of this article, §22-7A-1 §22-11A-1 et seq., and §22-11B-1 et seq.
of this code, the rules of the board or secretary, Intr SB 2024R3376S 2024R2988H effluent limitations, the terms and conditions of any permit granted under the provisions of this article, §22-11A-1 et seq., and §22-11B-1 et seq.
of this code, the rules of the board or secretary, effluent limitations, the terms and conditions of any permit granted under the provisions of this article, §22-11A-1 et seq., and §22-11B-1 et seq.
or of this code or any order of the secretary or board, and the venue of any such actions shall be the county in which the violations or noncompliance exists or is taking place or in any county in which the waters thereof are polluted as the result of the violation or noncompliance.
or of this code or any order of the secretary or board, and the venue of any such actions shall be the county in which the violations or noncompliance exists or is taking place, or in any county in which the waters thereof are polluted 9 CS for SB 596 as the result of the violation or noncompliance.
The court or the judge thereof in vacation may issue a temporary or preliminary injunction in any case pending a decision on the merits of any injunction application filed.
The court, or the judge thereof in vacation, may issue a temporary or preliminary injunction in any case pending a decision on the merits of any injunction application filed.
Any other section of this code to the contrary notwithstanding, the state is not required to furnish bond as a prerequisite to obtaining injunctive relief under this article, or §22- 11A-1 et seq., and §22-11B-1 et seq.
Any other section of this code to the contrary notwithstanding, the state is not required to furnish bond as a prerequisite to obtaining injunctive relief under this article, or §22-11A-1 et seq., and §22-11B-1 et seq.
(4) The judgment of the circuit court upon any application filed or in any civil action instituted under the provisions of this section is final unless reversed, vacated or modified on appeal to the Supreme Court of Appeals.
(4) The judgment of the circuit court upon any application filed or in any civil action instituted under the provisions of this section is final unless reversed, vacated, or modified on appeal to the Supreme Court of Appeals.
(5) Legal counsel and services for the director, secretary or the board in all civil penalty and injunction proceedings in the circuit court and in the Supreme Court of Appeals of this state shall be provided by legal counsel employed by the department, the Attorney General or his or her assistants and by the prosecuting attorneys of the several counties as well, all without additional compensation, or the director, secretary or the board may employ counsel to represent him or her or it in a particular proceeding.
(5) Legal counsel and services for the director, secretary, or the board in all civil penalty and injunction proceedings in the circuit court and in the Supreme Court of Appeals of this state shall be provided by legal counsel employed by the department, the Attorney General or his or her assistants, and by the prosecuting attorneys of the several counties as well, all without additional compensation, or the director, secretary, or the board may employ counsel to represent him or her or it in a particular proceeding.
Intr SB 2024R3376S 2024R2988H (b) The secretary may assess a civil administrative penalty whenever he or she finds that a person who holds a permit to operate a coal mining operation issued under article three of this chapter has violated any provision of this article, or §22-11A-1 et seq., or §22-11B-1 et seq.
(b) The secretary may assess a civil administrative penalty whenever he or she finds that a person who holds a permit to operate a coal mining operation issued under article three of this chapter has violated any provision of this article, or §22-11A-1 et seq., or §22-11B-1 et seq.
of this code, any permit issued under or subject to the provisions of this article, or §22-11A-1 et seq., or §22-11B-1 et seq.
of this code, any permit issued under or subject to the provisions of this article, or §22-11A-1 et seq., or 10 CS for SB 596 §22-11B-1 et seq.
For purposes of this section, a single operational upset which leads to simultaneous violations of more than one pollutant parameter shall be treated as a single violation.
For purposes of this section, a single operational upset which leads to simultaneous violations of more than one pollutant parameter, shall be treated as a single violation.
(2) In determining the amount of any civil administrative penalty assessed under this subsection, the secretary shall take into account the nature, circumstances, extent and gravity of the violation, or violations, and, with respect to the violator, ability to pay, any prior history of such violations, the degree of good faith, economic benefit or savings, if any, resulting from the violation, cooperation of the alleged violator, and such other matters as justice may require.
(2) In determining the amount of any civil administrative penalty assessed under this subsection, the secretary shall take into account the nature, circumstances, extent, and gravity of the violation or violations, and, with respect to the violator, ability to pay, any prior history of such violations, the degree of good faith, economic benefit or savings, if any, resulting from the violation, cooperation of the alleged violator, and such other matters as justice may require.
The notice shall include a proposed order which refers to the provision of the statute, rule, order or permit alleged to have been violated, a concise statement of the facts alleged to constitute the violation, a statement of the amount of the administrative penalty to be imposed and a statement of the alleged violator's right to an informal hearing prior to the issuance of the proposed order.
The notice shall include a proposed order which refers to the provision of the statute, rule, order, or permit alleged to have been violated, a concise statement of the facts alleged to constitute the violation, a statement of the amount of the administrative penalty to be imposed, and a statement of the alleged violator's right to an informal hearing prior to the issuance of the proposed order.
Intr SB 2024R3376S 2024R2988H (A) The alleged violator has 30 calendar days from receipt of the notice within which to deliver to the secretary a written request for an informal hearing.
(A) The alleged violator has 30 calendar days from receipt of the notice within which to deliver to the secretary a written request for an informal hearing.
(B) If no hearing is requested, the proposed order becomes a draft order after the expiration of the 30-day period.
(B) If no hearing is requested, the proposed order becomes a draft order after the expiration of the thirty- 30-day period.
(C) If an informal hearing is requested, the director shall inform the alleged violator of the time and place of the hearing.
11 CS for SB 596 (C) If an informal hearing is requested, the director shall inform the alleged violator of the time and place of the hearing.
(5) Within 30 days of the close of the public comment period on a draft order, the secretary shall issue a final order or make a determination not to issue a final order, and shall provide written notice by certified mail or personal service pursuant to the West Virginia rules of civil procedure to the alleged violator and shall provide notice by certified mail or personal service pursuant to the West Virginia rules of civil procedure to those persons who submitted written comments on the Intr SB 2024R3376S 2024R2988H draft order during the public comment period.
(5) Within 30 days of the close of the public comment period on a draft order, the secretary shall issue a final order or make a determination not to issue a final order, and shall provide written notice by certified mail or personal service pursuant to the West Virginia rules of civil procedure to the alleged violator and shall provide notice by certified mail or personal service pursuant to the West Virginia rules of civil procedure to those persons who submitted written comments on the draft order during the public comment period.
Any person who submitted written comments on a draft order during the public comment period shall have the right to file such an appeal or intervene in any appeal filed by the alleged violator.
Any person who submitted written comments on a draft order during the public 12 CS for SB 596 comment period shall have the right to file such an appeal or intervene in any appeal filed by the alleged violator.
No assessment levied pursuant to this section becomes due and payable until at least thirty days after receipt of the final order or the procedures for review of the assessment, including any appeals, have been completed, whichever is later.
No assessment levied pursuant to this section becomes due and payable until at least thirty 30 days after receipt of the final order or the procedures for review of the assessment, including any appeals, have been completed, whichever is later.
(c) In addition to the authorities set forth in this section, the secretary may also enter into agreements, settlements and other consent orders resolving alleged violations of this chapter.
(c) In addition to the authorities set forth in this section, the secretary may also enter into agreements, settlements, and other consent orders resolving alleged violations of this chapter.
of this code or by any rule of the board or director, promulgated pursuant to the provisions and intent of this article, or 22- 11A-1 et seq., or §22-11B-1 et seq.
of this code or by any rule of the board or director, promulgated pursuant to the provisions and intent of this article, or §22-11A-1 et seq., or §22-11B-1 et seq.
of this code, or by an order of the director or board, or who fails Intr SB 2024R3376S 2024R2988H or refuses to apply for and obtain a permit as required by the provisions of this article, or §22-11A-1 et seq., or §22-11B-1 et seq.
of this code, or by an order of the director or board, or who fails or refuses to apply for and obtain a permit as required by the provisions of this article, or §22- 11A-1 et seq., or §22-11B-1 et seq.
of this code, or who fails or refuses to comply with any term or condition of such permit, is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $100 nor more than $1,000, or by imprisonment in the county confined in jail for a period not exceeding six months, or by both fine and imprisonment confinement.
of this code, or who fails or refuses to comply with any term or condition of such permit, is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $100 nor more than $1,000, or by imprisonment in the county 13 CS for SB 596 confined in jail for a period not exceeding six months, or by both fine and imprisonment confinement.
(b) Any person who intentionally misrepresents any material fact in an application, record, report, plan or other document filed or required to be maintained under the provisions of this article, §22-11A-1 et seq., or §22-11B-1 et seq.
(b) Any person who intentionally misrepresents any material fact in an application, record, report, plan, or other document filed or required to be maintained under the provisions of this article, §22-11A-1 et seq., or §22-11B-1 et seq.
of this code or any rules promulgated by the director thereunder is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $1,000 nor more than $10,000 or by imprisonment confined in jail not exceeding six months, or by both fine and imprisonment confinement.
of this code or any rules promulgated by the director thereunder, is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $1,000 nor more than $10,000 or by imprisonment confined in jail not exceeding six months, or by both fine and imprisonment confinement.
of this code or who willfully or negligently violates any provision of this article, or §22-11A-1 et seq., or §22-11B-1 et seq.
of this code, or who willfully or negligently violates any provision of this article, or §22-11A-1 et seq., or §22-11B-1 et seq.
of this code, any rule of the board or director, any effluent limitation or any order of the director or board is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $2,500 nor more than $25,000 per a day of violation or by imprisonment confinement in jail not exceeding one year or by both fine and imprisonment confinement.
of this code, any rule of the board or director, any effluent limitation, or any order of the director or board is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $2,500 nor more than $25,000 per day of violation or by imprisonment confinement in jail not exceeding one year or by both fine and imprisonment confinement.
(d) Any person convicted of a second or subsequent willful violation of subsections (b) or (c) of this section or knowingly and willfully violates any provision of any permit, rule or order issued under or subject to the provisions of this article, or §22-11A-1 et seq., or §22-11B-1 et seq.
(d) Any person convicted of a second or subsequent willful violation of subsections (b) or (c) of this section, or knowingly and willfully violates any provision of any permit, rule, or order issued under or subject to the provisions of this article, or §22-11A-1 et seq., or §22-11B-1 et seq.
Intr SB 2024R3376S 2024R2988H (e) Any person may be prosecuted and convicted under the provisions of this section notwithstanding that none of the administrative remedies provided in this article have been pursued or invoked against said person and notwithstanding that civil action for the imposition and collection of a civil penalty or an application for an injunction under the provisions of this article has not been filed against such person.
(e) Any person may be prosecuted and convicted under the provisions of this section notwithstanding that none of the administrative remedies provided in this article have been pursued or invoked against said person and notwithstanding that civil action for the imposition and collection of a civil penalty or an application for an injunction under the provisions of this article has 14 CS for SB 596 not been filed against such person.
of this code, either the West Virginia Division of Natural Resources or the Division of Environmental Protection, or both jointly may initiate a civil action on behalf of the state of West Virginia to recover from such person or persons causing such loss a sum equal to the cost of replacing such game fish or aquatic life.
of this code, either the West Virginia Division of Natural Resources or the Division of Environmental Protection, or both jointly may initiate a civil action on behalf of the State of West Virginia to recover from such person or persons causing such loss a sum equal to the cost of replacing such game fish or aquatic life.
Any moneys so collected shall be deposited in a special revenue fund entitled "Natural Resources Game Fish and Aquatic Life Fund" and shall be expended as hereinafter provided.
Any moneys so collected shall be deposited in a special revenue fund entitled Natural Resources Game Fish and Aquatic Life Fund and shall be expended as hereinafter provided.
Intr SB 2024R3376S 2024R2988H injection of carbon dioxide for the purpose of enhancing the recovery of oil or other minerals not subject to the provisions of this article.
injection of carbon dioxide for the purpose of enhancing the recovery of oil or other minerals not subject to the provisions of this article.
(a) It is unlawful for any person to commence work on, or to operate, a carbon dioxide sequestration facility or storage site without first securing a Class VI underground injection control permit from the secretary or from the US EPA.
(a) It is unlawful for any person to commence work on, or to operate, a carbon dioxide sequestration facility or storage site without first securing a Class VI underground injection control 15 CS for SB 596 permit from the secretary or from the US EPA.
(c) If an oil, natural gas or coalbed methane well operator proposes to convert its operations to carbon dioxide sequestration, then the underground carbon dioxide sequestration facility shall be regulated pursuant to this article and §22-11-1 et seq.
(c) If an oil, natural gas, or coalbed methane well operator proposes to convert its operations to carbon dioxide sequestration, then the underground carbon dioxide sequestration facility shall be regulated pursuant to this article and §22-11-1 et seq.
(d) All applications for permits submitted after the effective date of this article shall be governed by the provisions of this article and the provisions of §22-11-1, et seq.
(d) All applications for permits submitted after the effective date of this article shall be governed by the provisions of this article and the provisions of §22-11-1 et seq.
(a) After carbon dioxide injections into a reservoir end, and the storage operator has fulfilled all requirements of its Class VI underground injection control permit including requirements related to post-injection site care and site closure, and upon application by the storage operator demonstrating compliance with this article, the secretary may issue a Certificate of Underground Carbon Dioxide Storage Project Completion ("completion certificate").
(a) After carbon dioxide injections into a reservoir end, and the storage operator has fulfilled all requirements of its Class VI underground injection control permit including requirements related to post-injection site care and site closure, and upon application by the storage operator demonstrating compliance with this article, the secretary may issue a Certificate of Underground Carbon Dioxide Storage Project Completion (completion certificate).
The Intr SB 2024R3376S 2024R2988H secretary shall establish notice requirements for this hearing by legislative rule.
The secretary shall establish notice requirements for this hearing by legislative rule.
(d) The completion certificate may only be issued if the storage operator:
16 CS for SB 596 (d) The completion certificate may only be issued if the storage operator:
(2) Demonstrates that it has addressed all pending claims regarding the storage facility's operation;
(2) Demonstrates that it has addressed all pending claims regarding the storage facility’s operation;
Intr SB 2024R3376S 2024R2988H (4) Any bonds posted by the storage operator shall be released;
(4) Any bonds posted by the storage operator shall be released;
and (5) Notwithstanding ownership of the stored carbon dioxide in the pore space owners as provided herein, monitoring, and managing the storage facility shall become the state's responsibility to be overseen by the secretary utilizing only money from the Carbon Dioxide Storage Facility Trust Fund until such time as the federal government assumes responsibility for the long-term monitoring and management of storage facilities.
and (5) Notwithstanding ownership of the stored carbon dioxide in the pore space owners as provided herein, monitoring, and managing the storage facility shall become the state’s responsibility to be overseen by the secretary utilizing only money from the Carbon Dioxide 17 CS for SB 596 Storage Facility Trust Fund until such time as the federal government assumes responsibility for the long-term monitoring and management of storage facilities.
The release of liability under this section shall not apply to a current or former owner or operator of a storage facility when such liability arises from that owner or operator's noncompliance with applicable underground injection control laws, regulations, or permits prior to issuance of the certificate of completion of injection operations nor shall it apply when the director determines that there is fluid migration for which the operator is responsible that causes or threatens imminent and substantial endangerment to an underground source of drinking water.
The release of liability under this section shall not apply to a current or former owner or operator of a storage facility when such liability arises from that owner or operator’s noncompliance with applicable underground injection control laws, regulations, or permits prior to issuance of the certificate of completion of injection operations, nor shall it apply when the director determines that there is fluid migration for which the operator is responsible that causes or threatens imminent and substantial endangerment to an underground source of drinking water.
(g) The secretary shall implement this article in a manner consistent with and as he or she deems necessary to carry out the purposes and requirements of the federal Safe Drinking Water Act, as amended, and its implementing regulations relating to the state's primary enforcement authority for the underground injection control program established under that act with respect to the storage and sequestration of carbon dioxide, including but not limited to the state's authority to immediately and effectively restrain any person from engaging in any unauthorized activity which is endangering or causing damage to public health or the environment.
(g) The secretary shall implement this article in a manner consistent with, and as he or she deems necessary to carry out the purposes and requirements of the federal Safe Drinking Water Act, as amended, and its implementing regulations relating to the state’s primary enforcement authority for the underground injection control program established under that Act with respect to the storage and sequestration of carbon dioxide, including but not limited to the state’s authority to immediately and effectively restrain any person from engaging in any unauthorized activity which is endangering or causing damage to public health or the environment.
Additionally, in no event may the release of liability under this section interfere with the US EPA's authority under Section 1431 of the federal Safe Drinking Water Act.
Additionally, in no event may the release of liability under this section interfere with the US EPA’s authority under Section 1431 of the federal Safe Drinking Water Act.
NOTE:
The purpose of this bill is to provide further assurances to the United States Intr SB 2024R3376S 2024R2988H Environmental Protection Agency regarding the state of West Virginia's application for primary enforcement authority over underground carbon dioxide sequestration programs in the state of West Virginia.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
⬇ Download PDF
View plain text versions (2)

Action History

  1. Referred to Rules on 2nd reading

  2. Laid over on 2nd reading 2/7/2024

  3. On 2nd reading

  4. Read 1st time

  5. On 1st reading

  6. 2nd reference dispensed

  7. Committee substitute reported, but first to Judiciary

  8. To Energy, Industry, and Mining

  9. Introduced in Senate

  10. To Energy, Industry, and Mining then Judiciary

  11. Filed for introduction

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 1 co-sponsors · 150 not signed on

Sponsors (1)

Co-sponsors (1)

  • Phillips

Not signed on (150)

150 members have not signed on to this bill.

Show all 150 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

environment energy
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 596?
SB 596 is sponsored by Randy E. Smith (Republican) and Phillips.
What is the current status of SB 596?
This bill is in committee in the Senate. Introduced January 30, 2024. It must pass committee before a floor vote.
Where can I track SB 596?
Track SB 596 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on SB 596

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of SB 596

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →