West Virginia Senate Bill 423 Amends Aboveground Storage Tank Act
Even before the June 6, 2014 effective date of the Aboveground Storage Tank Act (the "AST Act" or "Act"), W. Va. Code §§ 22-30-1 et seq., representatives of the industries most impacted by the expansive and detailed AST Act had been working to educate the public, regulators and legislators about the more burdensome and overreaching provisions of the Act.
Senate Bill 373 ("SB 373") was originally designed to identify and regulate several hundred aboveground storage tanks ("ASTs") that contained fluids that posed a significant risk to public water supply intakes. However, through the sausage factory otherwise known as the legislative process, SB 373 morphed into legislation that regulated over 48,000 tanks throughout West Virginia, whether or not the tanks were remotely close to public water supply intakes.
Following nearly a year of intense effort by industry representatives to educate legislators on the unintended consequences of SB 373, coupled with the unanticipated November 2014 election results that led to new legislative leadership in both the West Virginia House of Delegates and Senate, the West Virginia Legislature passed Senate Bill 423 ("SB 423") on March 14, the last day of the 2015 regular session. On March 27, 2015, Governor Tomblin signed the bill into law which will become effective on June 12, 2015.
Does SB 423 impact the natural gas industry?
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