Coal surface mining operations; authority to issue pollutant discharge elimination permits. (SB1025)

Introduced By

Sen. Phil Puckett (D-Tazewell)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Coal surface mining operations; national pollutant discharge elimination system permits.  Clarifies that the authority to issue pollutant discharge elimination system permits for coal surface mining operations has been delegated by the State Water Control Board to the Director of the Department of Mines, Minerals and Energy. The Director shall examine all available and relevant data to determine whether a discharge may cause or contribute to an in-stream excursion above the narrative or numeric criteria of a water quality standard. Any total maximum daily load (TMDL) that has been established for the receiving body of water shall control the determination. If no TMDL has been established, the Director may consider biological monitoring, chemical monitoring, and whole effluent toxicity testing. Read the Bill »


Bill Has Passed


01/11/2011Prefiled and ordered printed; offered 01/12/11 11102807D
01/11/2011Referred to Committee on Agriculture, Conservation and Natural Resources
01/26/2011Impact statement from DPB (SB1025)
02/07/2011Reported from Agriculture, Conservation and Natural Resources with substitite (10-Y 5-N) (see vote tally)
02/07/2011Committee substitute printed 11104571D-S1
02/08/2011Constitutional reading dispensed (39-Y 0-N) (see vote tally)
02/08/2011Read second time
02/08/2011Reading of substitute waived
02/08/2011Committee substitute agreed to 11104571D-S1
02/08/2011Engrossed by Senate - committee substitute SB1025S1
02/08/2011Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/08/2011Passed Senate (38-Y 2-N) (see vote tally)
02/09/2011Placed on Calendar
02/09/2011Read first time
02/09/2011Referred to Committee on Agriculture, Chesapeake and Natural Resources
02/11/2011Impact statement from DPB (SB1025S1)
02/16/2011Reported from Agriculture, Chesapeake and Natural Resources (21-Y 0-N) (see vote tally)
02/17/2011Read second time
02/18/2011Passed by for the day
02/21/2011Read third time
02/21/2011Passed House (76-Y 23-N)
02/21/2011VOTE: PASSAGE (76-Y 23-N) (see vote tally)
02/25/2011Bill text as passed Senate and House (SB1025ER)
02/25/2011Impact statement from DPB (SB1025ER)
02/25/2011Signed by Speaker
02/25/2011Signed by President
03/18/2011G Approved by Governor-Chapter 290 (effective 7/1/11)
03/18/2011G Acts of Assembly Chapter text (CHAP0290)


This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 2 clips in all, totaling 4 minutes.


Editor’s Pick
Chad Freckmann writes:

It appears that this bill puts the responsibility for determining water quality in the hands of a political appointee and eliminate public hearings.

The State Water Control Board has statutory authority to promulgate regulations and to approve certain permits. Before promulgating regulations required by environmental statutes, the boards seek information from the public, the regulated community and advisory committees. The board also becomes involved in permitting by conducting public hearings and approving certain types of permits. In cases where environmental laws or permit conditions are violated, the boards may impose administrative sanctions and initiate legal action.