Siltation of Streams      BMPs. Stream siltation caused by logging is regulated in West Virginia under the 1992 Logging Sediment Control Act [W. Va. Code Ch. 19, art. 1B] through voluntary "best management practices" (BMPs) administered by the Division of Forestry within the Bureau of Commerce. Violations occur when failure to follow a BMP "is causing or contributing, or has the potential to cause or contribute to soil erosion or water pollution."

     As a practical matter, enforcement of the law is initiated by citizen complaints and follow-through by the Division of Forestry's limited number of inspectors. The Chief of the Office of Water Resources within WVDEP, upon a finding of violation of a BMP, "shall notify the director" (Forestry) of the violation. Also, the Director (Forestry) may find that a BMP has not been followed, resulting in a violation. The Director's remedy is to issue an appealable written compliance order. Question: Where are the teeth in this remedy? 

     Timbering license. Since 1992 anyone conducting "timbering operations" or purchasing timber or buying logs for resale has been required to obtain a license from the Division of Forestry. Regulations set forth procedures for acquisition, suspension, and revocation. Under the Code the Director may suspend the timber operation if it endangers life or results in "uncorrectable soil erosion or water pollution," or if an operator is not licensed, or if a certified logger is not supervising the operation. The Logging Sediment Control Act gives additional authority to the Director to suspend and revoke a timbering license for one who violates the state's Water Pollution Control Act [W. Va. Code ch. 22, art.11]. 

Last updated on Thursday, September 28, 2000