Published: January 08, 2007 11:15 pm      

Slurry pipeline bonding bill tabled

CHARLESTON — A disputed proposal to impose a performance bond on slurry pipelines in coal operations was tabled Monday after one lawmaker complained she wasn’t given a copy of it until the interims meeting began.

The measure also came under fire from another lawmaker contending it was tantamount to “overkill,” since a reclamation bond already is required.

And, Judiciary Subcommittee B came in for a scolding by Chris Hamilton, a vice president of the West Virginia Coal Association, for conducting a hearing into an underground slurry injection that is in litigation in Mingo County.

By so doing, Hamilton complained, the panel was “substituting” itself for the judiciary, noting the issue in Mingo County already has been prepared for trial.

Hamilton said West Virginia has only a dozen such underground injections in operation “and there’s controversy involving one.”

That one, near Raw, Mingo County, prompted a lengthy hearing before the committee last fall, when residents related horror stories of suffering life-threatening illnesses after drinking water they believe was contaminated by an underground injection of slurry, a method for disposing of coal wastes.

No regulations were on the books when that operation began, and had they been, Environmental Secretary Stephanie Timmermeyer testified earlier, it wouldn’t have been given a permit to operate.

Experts testified at a subsequent Subcommittee A hearing that adequate rules now are in force, such operations are subject to constant monitoring, and there is no known risk to either citizens or the environment, Hamilton said.

Hamilton said the coal industry supports safe drinking water for all West Virginians and suggested lawmakers apply their energy and time to seeing this is provided.

“The Legislature needs to get serious about providing additional infrastructure to the citizens,” he said.

But Delegate Robert Tabb, D-Jefferson, took exception to Hamilton’s complaint that lawmakers were barging into the work of the judiciary.

“You’re almost saying to us, it’s none of our business,” he said.

“I didn’t say you couldn’t look at it, but you admitted that you didn’t know it was in court,” the coal official said.

Hamilton agreed to furnish Sen. Randy White, D-Webster, a detailed list of the 12 underground injection operations.

Panelists agreed to seek a special study of issues surrounding coal sludge, but balked at acting on a bill that would require a second bond in slurry pipelines.

Delegate Kelli Sobonya, R-Cabell, was miffed that she wasn’t given a copy of the legislation until the meeting started, telling fellow lawmakers it affects a major industry in West Virginia and demands more scrutiny.

“When you see legislation for the first time here today, I don’t think the people are served,” she said.

Sen. Joseph Minard, D-Harrison, suggested enough regulations are in force without adding a new one on slurry pipelines.

“If regulations already exist with the ability to impose fines for violating them,” Minard said, “It seems like we’re getting into an overkill with this bonding.”

Outgoing House Judiciary Chairman Jon Amores, D-Kanawha, convinced the panel to table the motion to send the measure out, saying it was simply too late in the day to provide an adequate amount of time to debate it.

Sen. Mike Oliverio, D-Monongalia, agreed, saying, “I feel like we’re flying blind.”

“We’ll have all kinds of time in the session to take it up,” Amores added.

— E-mail:

mannix@register-herald.com