This bill proposes the addition of a new section, 22-11-22b, to the Code of West Virginia, aimed at increasing civil administrative penalties for violations related to individual or general construction stormwater permits and General Water Pollution Control Permits, particularly for larger projects. The bill outlines that penalties will be doubled for projects impacting between 100 to 500 acres and can be increased by five to ten times for projects of 500 acres or more. It also introduces a definition of "accumulative impact" and emphasizes the need for a more robust penalty structure to deter repeat violations, especially for larger projects that may have more significant environmental impacts.
Furthermore, the bill mandates the West Virginia Department of Environmental Protection to adopt legislative rules that establish these increased penalties, effective January 1, 2026. It specifies additional penalties based on the number of violations, with a multiplier effect for projects with multiple infractions. Importantly, any existing civil administrative penalties that conflict with the new legislative rules will be superseded by the new regulations. This legislative change aims to enhance environmental protection by ensuring that larger construction projects are held to stricter compliance standards.
Statutes affected: Introduced Version: 22-11-22b