The bill amends and reenacts sections of the Code of West Virginia to enhance the emergency event notification and reporting requirements for industrial facilities, well operators, and pipeline operators. Key changes include clarifying the reporting process during emergencies, mandating that the Department of Environmental Protection (DEP) investigate incidents, and establishing civil penalties for non-compliance. The bill specifies that the DEP will impose penalties for failures to report or communicate during emergencies, with the collection of these penalties being the responsibility of the DEP. Additionally, it introduces a waiver for civil penalties under certain conditions and outlines the process for appealing penalties to the Intermediate Court of Appeals.
Significant legal language changes include the replacement of "must" with "shall" regarding notification requirements, the designation of the Secretary of the DEP instead of the Director for imposing penalties, and the requirement for the DEP to conduct investigations into reported incidents. The bill also updates the terminology for emergency communication systems, replacing "local emergency telephone system" with "local county 9-1-1 Center." Furthermore, it establishes that all collected penalties will be deposited into the Hazardous Waste Emergency Response Fund, ensuring that funds are allocated for emergency response efforts.
Statutes affected: Introduced Version: 15-5B-3a, 15-5C-2
Committee Substitute: 15-5B-3a, 15-5C-2