The bill amends and reenacts sections of the Code of West Virginia 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 imposing civil penalties on industrial facilities and operators who fail to comply with reporting and communication requirements. The bill also mandates that all civil penalties collected be deposited into the Hazardous Waste Emergency Response Fund.

Key provisions include the requirement for industrial facilities to notify the Mine and Industrial Accident Emergency Operations Center within 15 minutes of an emergency event, and for well and pipeline operators to report incidents to the same center or local 9-1-1 within the same timeframe. The bill outlines the necessary information to be provided during these reports and establishes penalties for non-compliance, which can range from $2,500 to $100,000 depending on the nature of the violation. Additionally, it allows for the waiver of penalties under certain circumstances, such as when the failure to report is due to factors outside the operator's control.

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