Among significant legislation that passed this session was the West Virginia Department of Environmental Protection's rules bundle, which included the controversial Antidegradation Implementation Rule.
The Clean Water Act requires all states to have an antidegradation policy and a rule to implement that policy to adequately protect high-quality streams. After an almost decade-long process, West Virginia has finally come into compliance with that requirement. It took bold action by the Legislature to move the stalled measure from the dregs of controversy to Gov. Joe Manchin's desk, a very public recognition that there are a multitude of special waters in the great state of West Virginia.
Those waters are special because they are located on our public lands, because they are of pristine quality, and because many of them are naturally reproducing trout streams, a testament to our citizens' stewardship. In recognizing these streams as being special, the Legislature has deemed them as Tier 3.0 streams in the rule, which affords them the highest level of protection. This means when the DEP considers issuing permits on these segments of streams or upstream from these segments, additional care will be taken to ensure that these waters are not degraded. It does not mean development will be stopped or hindered. It means proposed facilities will have to strategically locate far enough upstream to avoid impacts on these segments or invest in innovations and more technologically advanced pollution controls - a small price to pay so that the citizens of this state and our future generations will be able to experience the diversity, beauty and recreation that these special waters have offered for centuries.
The process of getting legislation passed is often controversial, even grueling; but it shouldn't necessarily be "easy" to significantly change state policy. The antidegradation initiative was no different.
But, thanks to the action of Senate Judiciary Chairman Jeff Kessler, who showed incredible leadership and asked for removal of the "Tier 2.5" designation (a compromise struck years ago by stakeholders that never worked), the issue has been resolved. After the Senate passed the rule absent Tier 2.5, the House made amendments and held a healthy floor debate during which House Judiciary Chairwoman Carrie Webster made an impassioned argument in favor of the measure and reminded everyone that the basic premise behind the policy is that we keep our clean water clean.
Speaker of the House Rick Thompson worked tirelessly with stakeholders throughout the session and considered every compromise offered thoughtfully. He was able to grasp this very complex issue and explain it to the House members and others, separating fact from rhetoric. Once it was time for the discussion to end, he stood firm along with support from Manchin and Senate President Earl Ray Tomblin and successfully championed the legislation that does nothing less than declares that West Virginia values its pristine water resources and intends to preserve them into perpetuity.
I am proud to live in a state where the political leaders were able to wade through complex water quality issues, federal mandates and claims of property owners' rights issues to cast a vote for clean water in West Virginia. Passage of this rule establishes a legacy in West Virginia that the waters belong to the citizens of the state and that we value this precious natural resource above all others. Clean water is West Virginia's future.
Timmermeyer is secretary of the state Department of Environmental Protection.
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