The bill amends and reenacts sections of the West Virginia Code to clarify the responsibilities of the Division of Emergency Management and the Department of Environmental Protection regarding industrial facility emergency events and incidents reported by well and pipeline operators. It delegates the investigation of these incidents to the Department of Environmental Protection and establishes a framework for reporting requirements, including the obligation for industrial facilities and operators to notify the appropriate authorities within 15 minutes of an emergency event. The bill also outlines the penalties for non-compliance, with civil penalties imposed by the Department of Environmental Protection for failures to report or communicate effectively during such incidents.

Additionally, the bill specifies that all collected civil penalties will be deposited into the Hazardous Waste Emergency Response Fund. It includes provisions for waiving penalties under certain circumstances, such as when failures to report are due to factors outside the control of the operators or when they are engaged in stabilizing the incident. The legislation aims to enhance the response to industrial emergencies while ensuring that the responsibilities of each agency are clearly defined and that penalties are fairly administered.

Statutes affected:
Engrossed Committee Substitute: 15-5B-3a, 15-5C-2
Enrolled Committee Substitute: 15-5B-3a, 15-5C-2